WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED
Corporate Office, Burla -768017 Dist: Sambalpur, Odisha,Phone(0663)2430524,Facsimaile0663)2432115
e-mail:[email protected]. Website:www.wescoodisha.com
CIN:U40109OR1997PLC005104
Request for Proposal (RfP)
For
Engagement of Consulting Firm to Provide
Online Recruitment Service to WESCO
RfP Identification No.: WESCO/HRD/RECTT/01/FY 14
WESTERN ELECTRICITY SUPPLY
COMPANY OF ODISHA LIMITED (Formerly Western Electricity Supply Company of Orissa Limited)
Registered Office; Plot No.N.1/22,IRC Village Nayapalli, Bhubaneswar-751015
Corporate Office: Burla-768017, Dist: Sambalpur, Odisha
Phone(0663)2430524,Facsimaile0663)2432115
CIN:U40109OR1997PLC005104
e-mail:[email protected]. Website:www.wescoodisha.com
DEPT. OF HUMAN RESOURCE DEVELOPMENT
NIT No.WESCO/ HRD/RECTT/ ___ Dated, ________
Notice Inviting Tender(NIT) Consultancy Services To Provide Online Recruitment / Selection Service to WESCO Ltd.
Western Electricity Supply Company Of Odisha Limited invites bids under single stage two-part Package based bidding system from registered Consulting Firms/ Agency for consultancy services to Provide Online Recruitment / Selection Service to WESCO as per the Scope of Work in the tender document.
Bid Security
Deposit (EMD)
(In Rs.)
Last
date/time for
Submission
of Bids
Date and Time
of Opening of Techno-
Commercial
Bid
Non-refundable
Cost of Bid Document
(In Rs.)
Date , Time And Venue of the Pre-
Bid Conference
1 2 3 4
5
Rs. 50,000/- (Rupees Fifty
Thousand) only to be
submitted in shape
of Demand Draft.
08.09.2014
01.00 PM
11.09.2014
03.00 PM
Rs. 1000 +
5% VAT
03.09.2014,11:30 AM
Conference Hall, MSTC, Burla
Western Electricity Supply Company
of Odisha Limited, Corporate Office
Burla-768017
Sale of tender documents will start from 11.00 AM on 25.08.2014 to 05.00 PM on06.09.2014 during working hours and shall be available at the department of HRD, Corporate Office,
WESCO, Burla Eligibility criteria
1. The bidder shall be a reputed Indian Company/ firm registered in India and shall be in operation for at least 02
years from the date of its incorporation.
2. The bidder must have successfully handled and completed end to end Online recruitment/selection process for
Departments of Central Government, State Government/ PSUs/ Public Sector Banks/ Academic Institution / Semi-
Govt. Organisation during last 2 (two) Financial Years ending 31.03.2014. The consultant firm/ agency should
submit the details of such assignments undertaken as per the format specified in FORM(F-3)
3. The bidder must have its own developed software which can be customized as per the requirements of WESCO.
4. Average annual turnover for last two years i.e. 2012-2013 and 2013-2014 from the business of conducting end to
end recruitment / selection process should not be less than Rs.50 Lakhs.
The authority reserves the right to accept or reject any or all of the offers without assigning any reason thereof.
Note: Bidders are requested to contact Corporate Office, Burla Ph No. 0663 – 3296572 for any query and any other
information relating to this tender.
Dy. General Manager (HRD) Corporate Office, WESCO
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Table of Contents Section-I: PREFACE ..................................................................................................................4 Section-II: Instructions to Bidders (ITB) .....................................................................................5 Section III: Bid Data Sheet....................................................................................................... 17 Section-IV: Eligibility Criteria ................................................................................................... 19 Section-V: Scope of Work…………………………………………………………………………….20 Section VI: Bid Evaluation Methodology ................................................................................. 35 Section-VII: General Conditions of Contract (GCC)…………………………………………………37 Section-VIII: Bidding Forms ..................................................................................................... 48 Section IX: Contract Forms………………………………………………………………………………………………………….... 57
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Section-I
PREFACE Western Electricity Supply Company of Odisha Limited (WESCO) was incorporated as a Public
Limited Company to carry out the distribution and retail supply business of electricity in the entire western
region of Odisha. The licensed area of operation of the Company is 48,000 sq. km and covers nine
revenue districts of Western Odisha namely, Sundargarh, Jharsuguda, Sambalpur, Deogarh, Bargarh,
Sonepur, Bolangir, Nuapada and Kalahandi.Our Corporate Office at Burla.
WESCO has inducted around 157 Graduate/ Diploma Engineers & Professionals, around 442
ITI Technicians and around 259 Clerical staff in the last Six years. The quantum of applications received
for one advertisement is around 5000 numbers. WESCO is planning to induct through online recruitment
/ selection process about 200 (approx.) no of Skilled-B category of employees for the post of Clerk-B
initially during the current year in the stipulated condition thereon. Moreover about 130 base level
Executives in the category of GET / DET / MT (in support services) may also be inducted through the
selected agency as per the tender subject to completion of recruitment of Clerk-B successfully as per
agreed terms & conditions within the stipulated period of three month from the date of Letter of awarding
the contract.
Further recruitment of Outsourced Unskilled Helper / Skilled JT (ITI) may also be conducted
through online recruitment / selection process as per requirement of the organization.
DISCIPLINE-WISE MAN-POWER as on 01.06.2014, is stated as under for perusal of the bidders.
Sl No Discipline Man in Position
1 Executive(Tech) 436
2 Executive(Non-Tech) 76
Total 512
4 Non-Executive(Tech) 2628
5 Non-Executive(Non-Tech) 552
Total 3180
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Section-II Instructions to Bidders (ITB)
A. General:
1. Scope of the Bid 1.1 Development Web based on line Exam Mgt System
Bid package 1: For Written Test (OMR)
Simultaneous publication of detail advertisement in website,
Filling of blank application by candidates online,
Generation of Candidate ID and User login ID.
Uploading of scanned Documents (Age proof/ Educational qualification/Demand
draft /Photograph/Signature etc.)
Hosting of detail information about the recruitment practice, process, instructions for filling of online application form, uploading of documents, exam procedure (OMR).
Generation of Candidate ID and User login ID
Uploading Admit card in respect of each candidate through user login ID .
Designing and providing OMR sheets for conduct of multiple choices based written test.
Clouds server space for handling the online recruitment job in the above format for about 5000 candidates.
Scanning of OMR answer sheet, declaration of mark scored by each candidate in the Website.
SMS alert for conduct of written test at designated centers
Annual maintenance Charges.
Bid package 1: For Computer Based Test (CBT) The Scope of Work broadly covers assisting in designing R e c r u i t m e n t
Advertisement, developing and customizing of online applications system, hiring & maintenance of online server, arrangement for downloading of filled application form with computer generated registration number, sending e-mail and SMS to the candidates regarding date & venue for Online Test etc, arrangement for downloading call letters for online test , consolidation of application data / exam fee, roll number generation, venue booking, setting of question papers, deputing officials and co-coordinators to the venues decided for test, preparing, developing and finalizing of result of written test.
2. Eligible Bidders 2.1 The Consultant Firm/ Agency, meeting the Eligibility criteria mentioned in Section-IV
will be regarded as Eligible Bidders.
3. Joint
Venture/Consortium 3.1 Not applicable.
4. Documentary 4.1 The Bidder shall furnish; a. The relevant Work Orders/LOA/Contract Agreement along with copies of certificate from
the client duly signed by the competent authority of the Client in proof of successful completion of the consultancy work in support of information furnished in FORM(F-3).
b. The Audited Accounts of the last two financial years. The certified copy of the Average Annual Turnover based on the Audited Accounts duly certified by the Chartered Accountant in FORM (F-4).
c. The copy of the certificate of incorporation. d. Service Tax registration certificate. e. Nil Deviation Certificate in FORM (F-5). f. Documentary evidence in proof of Key Personnel‟s experience in FORM (F-2).
g. Power of Attorney for Authorised Signatory.
Evidence
4.2 Non-compliance to the above requirement even after seeking necessary
clarification shall render the offer non-responsive.
B. Contents of Bidding Document
5. Sections of the 5.1 The Bidding Document consists of nine Sections as indicated below, and should be read in
conjunction with any addenda issued in accordance with
ITB Clause-7.
Section-I-Preface
Section-II-Instructions to Bidders (ITB) Section-III-Bid Data Sheet (BDS)
Section-IV-Eligibility Criteria
Section-V-Scope of Work Section-VI-Bid Evaluation Methodology
Section-VII-General Conditions of Contract (GCC)
Section-VIII-Bidding Forms
Section-IX-Contract Forms
Bidding Document
5.2 Western Electricity Supply Company of Odisha Limited is not responsible for the
completeness of the Bidding Document and its addenda, if they were not obtained
directly from WESCO.
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5.3 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Document. Failure to furnish all
information or documentation required by the Bidding Document may
result in the rejection of the Bid.
6. Clarifications on 6.1 Bidders may seek clarifications in writing relating to preparation and
Bidding Document submission of bids, scope of works, GCC etc. prior to the pre-bid
conference. Such requests will be submitted at least 2 days (excluding the
date of pre-bid meeting) before the date of Pre-bid meeting. Bidders‟
queries will be discussed in the pre-bid conference.
6.2 The pre-bid conference shall be held as per the schedule mentioned in the
Bid Data Sheet (BDS)-Section-III.
6.3 No clarification shall be entertained after the pre-bid conference.
7. Amendment of 7.1 At any time prior to the deadline for submission of the bids, WESCO may
Bidding Document amend the bidding document by giving reasonable time and issuing
addenda.
7.2 Any addenda issued shall be part of the bidding document. The bidder
shall visit WESCO‟s website for any addendum / modification / errata /
corrigendum etc.
7.3 WESCO, at its discretion for any reason at its own initiative may add,
modify or remove any element of the services entirely or any part thereof
from the bid document till the time of deadline for submission of bid. All
bidders will be notified of any such change.
7.4 In order to provide prospective bidders reasonable time to take the
amendments into account in preparing their bids, WESCO may, at its
discretion, extend the last date for the submission of bids.
7.5 Any addendum issued shall be part of the bidding document and shall be
hosted in WESCO‟s website.
C. Preparation of Bids
8. Cost of Bid 8.1 The Bidder shall bear all costs associated with the preparation and Cost
preparation of submission of its Bid. WESCO shall not be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
8.2 A demand draft amounting to Rs.1,000/- (Rupees one thousand) only plus vat @5%
Extra in favour of “Western Electricity Supply Company of Odisha Ltd.” payable at
“Sambalpur “ or cash receipt from DDO, Western Electricity Supply Company of
Odisha Ltd for equivalent amount towards the cost of the bid document shall be
furnished at the time of purchase of documents.
9. Language of Bids 9.1 The Bid, as well as all correspondences and documents relating to the Bid
exchanged between the Bidder and WESCO, shall be written in
English.
10. Documents
comprising Bid 10.1
The Bid shall be submitted separately for written test(OMR) and CBT. Each Bid shall also comprise two envelopes to be submitted separately containing the Techno-Commercial Proposal and the other containing the Price Proposal, which
shall be evaluated in two stages
10.2 The first envelope shall contain one (01) original and one (01) copy of
the Techno-Commercial Proposal, clearly marked as „ORIGINAL‟ and
„COPY‟. (PART-I)
The second envelope shall contain one (01) original and one (01) copy of
the Price Proposal clearly marked as „ORIGINAL‟ and „COPY‟. (PART-
II)
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Both the envelopes shall be sealed inside a bigger envelope, clearly
mentioning the name and address of the Bidder, RfP identification No.,
and the authority to whom the Bid is being submitted to.
10.3 During Stage-1 of the evaluation, the Techno-Commercial Proposals
shall be opened as per ITB Sub-Clause-23.1& at the address, date and time specified in the BDS, Section-III. Bidder shall not be
allowed to modify/amend/change the Techno-Commercial Proposal
after submission of the Bid, unless otherwise specifically asked by the
WESCO.
The Techno-Commercial Proposals which do not conform to the
specified requirements even after seeking clarification, if any by the
WESCO will be rejected as non-responsive Bids.
10.4 During Stage-2 of the evaluation, Price Proposals of Techno-
Commercially successful bidders shall be opened at the date and time and
place as intimated by WESCO.
10.5 For the final evaluation, the weightage assigned to Techno-Commercial
Proposal and Price Proposal is 50% and 50% respectively.
The successful Bidder shall be decided on the QCBS evaluation basis as
per this weightage.
10.6 The Techno-Commercial Proposal should be submitted along with:
a) Techno-Commercial Proposal Submission Forms;
b) Cost of Tender Documents for Rs.1000/- (Rupees one thousand)
Only plus VAT @5% in shape of Demand Draft issued in favour of
Western Electricity Supply Company of Odisha Limited and payable at
Sambalpur, Odisha OR Money Receipt, if purchased directly from
c) Western Electricity Supply Company of Odisha Limited. Bid Security (EMD) for Rs. 50,000/- (Rupees fifty Thousand) only, in the form
of Demand Draft issued in favour of Western Electricity Supply Company of Odisha Limited and payable at Sambalpur ,Odisha in accordance with ITB Clause-17;
d) Power of Attorney authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB Clause-18;
e) Documentary evidence in accordance with ITB Clause -15
establishing the Bidder‟s eligibility to bid;
f) Documentary evidence in accordance with ITB Clauses -4.1and
26, that the bid conforms to the Bidding Document which includes
the following:
i. Manpower on roll dedicated and trained for managing end to
end Online recruitment /section/CBT process.
ii. Self-Certificate from authorized signatory of the bidder in
respect of Copy Right of complete source code of software
proposed.
g) Nil deviation Certificate.
h) Abstract of general terms & conditions.
i) BIO-Data of Key Personnel detailed in FORM (F-2)
j) Any other document required in the Bidding Forms.
10.7 The Price Proposal should include the following:
a) Price Proposal Submission Sheet and the applicable Price Schedules
in FORM- P-1 &P-2 of Section-VIII (Bidding Forms), in accordance
with ITB Clauses-11, 13 and 14;
b) any other document required in the BDS. N.B.-two separate bids 1) for OMR based written Test
2) for CBT
11. Bid Submission 11.1 The Bidder shall submit the Techno-Commercial Proposal and the Price
Sheets and Price Proposal using the appropriate Submission Sheets provided in Section-
Schedules VIII(Bidding Forms). These forms must be completed without any
alterations to their format, and no substitute shall be accepted. All
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blank spaces shall be filled in with the information requested. The Bidder
shall submit, as part of the Price Proposal, the Price Schedules for
Services, using the forms furnished in Section- VIII(Bidding Forms).
11.2 The Bidders should take note of following points while submitting the
Price Proposal:
a) Price Proposal should clearly indicate the price to be charged without
any qualifications.
b) Service tax as applicable shall be paid extra as per prevailing rate.
12. Alternate Bids 12.1 Alternate Techno-Commercial and /or Price bids shall be rejected.
13. Bid Prices and 13.1 The prices quoted by the Bidder in the Price Proposal Submission Sheet
Discounts (FORM-P1)and in the Price Schedules (FORM-P2) shall conform to the
requirements specified therein.
13.2 Prices quoted by the Bidder must be firm and final and shall remain
constant throughout the period of the contract and shall not be subject to
any variation except service tax.
13.3 The bidders are advised not to indicate any separate discount. Discount, if
any, should be merged with the quoted prices. Discount of any type,
indicated separately, will not be taken into account for evaluation
purpose. However, in the event of such an offer if it is found to be the
lowest without considering the separate discount, WESCO shall avail such
discount at the time of award of contract provided such discount is un-
conditional.
14. Currencies for the 14.1 Bidders shall express their bid price in Indian Rupees only.
Bid
15. Documents 15.1 To establish its qualifications to perform the Contract without any
Establishing the deviation, the Bidder shall submit as part of its Techno-commercial
Qualification of the proposal, the evidence indicated for each qualification criteria
Bidder specified in Section-IV (Eligibility Criteria).
16. Period of validity of 16.1 Bids shall remain valid for such period as mentioned in BDS as per Sec. III after the bid
Bids submission deadline date prescribed by WESCO. A Bid valid for a shorter
period shall be rejected by WESCO as non-responsive.
16.2 In exceptional circumstances, prior to the expiration of the bid validity
period, WESCO may request Bidders to extend the period of validity of
their Bids. The request and the responses shall be made in writing. The
Bid Security furnished in accordance with ITB Clause-17 shall also be
extended for a corresponding period. A Bidder may refuse the request for
such extension without forfeiting its Bid Security.
17. Bid Security 17.1 The Bidder shall furnish as part of its Techno-commercial Proposal,
a Bid Security (EMD) in form of Demand Draft for an amount of Rs.50,000/-
(Rupees Fifty Thousand) only in favour of Western Electricity Supply Company of
Odisha Limited payable at Sambalpur only issued by a Scheduled Bank.
17.2 Any Bid not accompanied by Bid Security in accordance with ITB Sub-
Clause-17.1, shall be rejected by WESCO Ltd. as non-responsive.
17.3 The Bid Security of unsuccessful Bidders shall be returned after signing
of the Contract and submission and acceptance of CPBG submitted by
the successful bidder.
17.4 The successful Bidder has to furnish the required Contract Performance
Bank Guarantee before the signing of the Contract. The bid security of
successful bidder shall be returned after acceptance of Contract
Performance Bank Guarantee by WESCO.
17.5 The Bid Security may be forfeited, if the successful Bidder fails to:
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a) Acknowledge the Letter of Award within 7 days of its issue.
b) Sign the Contract in accordance with ITB Clause-37;
c) Furnish a Contract Performance Bank Guarantee in accordance with
ITB Clause-38
18. Format of Bid 18.1 The Bidder shall submit the Techno-Commercial Proposal in original, as
described in ITB Clause-11 clearly marked as “ORIGINAL–TECHNO-
COMMERCIAL PROPOSAL”. In addition, the Bidder shall submit one
copy of the Techno-Commercial Proposal, clearly marked as “COPY –
TECHNO-COMMERCIAL PROPOSAL”. N.B.-two separate bids 1) for OMR based written Test
2) for CBT
For the submission of the Financial Proposal, the Bidder shall prepare one original and one copy of the Price Proposal, as described in ITB
Clause-11 and clearly marked as “ORIGINAL - PRICE PROPOSAL
and COPY - PRICE PROPOSAL”. In the event of any discrepancy between the originals and the copies, the
originals shall prevail.
18.2 The original and all copies of the Bid shall be typed or written in indelible
ink and shall be signed by a person duly authorized to sign on
behalf of the Bidder.
The name and position held by the person signing the authorization must be typed or printed below the signature. All pages of the
Bid, amended printed literature, shall be signed or initialed by the person signing the Bid.
18.3 Any interlineations, erasures or overwriting shall be valid only if
they are signed or initialed by the person signing the Bid. D. Submission and Opening of Bids
19. Sealing and 19.1 Bidder shall enclose the original Techno-Commercial Proposal and
Marking of Bids copy of the Techno-Commercial Proposal, in separate sealed
envelopes, duly marking the envelopes as “ORIGINAL - TECHNO- COMMERCIAL PROPOSAL” and “COPY – TECHNO- COMMERCIAL PROPOSAL”. These envelopes containing the original
and the copies shall then be enclosed in one single envelope.
The Bidder shall enclose the original Price Proposal and copy of the Price
Proposal, in separate sealed envelopes, duly marking the envelopes as
“ORIGINAL - PRICE PROPOSAL and COPY - PRICE PROPOSAL”.
These envelopes containing the original and the copies shall then be
enclosed in one single envelope.
19.2 The inner and outer envelopes shall:
a) bear the name and address of the Bidder; b) be addressed to Western Electricity Supply Company of Odisha
Limited accordance with ITB Sub-Clause-20.1; and c) bear the specific identification of Rfp as mentioned in BDS.
19.3 The outer and the inner envelopes containing the Techno-Commercial
Proposals shall bear a warning not to open before the time and date for
the opening of Techno-commercial Proposals, in accordance with ITB Sub-Clause-23.1.
19.4 The outer and inner envelopes containing the Price Proposals shall bear
a warning not to open until advised by Western Electricity Supply
Company of Odisha Limited in accordance with ITB Sub-Clause-23.2.
19.5 If all envelopes are not sealed and marked as required, Western Electricity
Supply Company of Odisha Limited will assume no responsibility for the
misplacement or premature opening and resultant disqualification of the bid.
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20. Deadline for 20.1
Bids must be received by Western Electricity Supply Company of Odisha Limited not later than the date and time, and at the address indicated in the BDS-Section-III.
20.2
Western Electricity Supply Company of Odisha Limited may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Document in accordance with ITB Clause-7, in which case all rights and obligation of Western Electricity Supply Company of Odisha Limited and Bidders as existing before extension of the deadline will be applicable until the extended deadline.
21. Late Bids 21.1 Western Electricity Supply Company of Odisha Limited shall not consider any Bid that is received after the deadline for submission of Bids, in
accordance with ITB Clause-20. Any Bid received by Western
Electricity Supply Company of Odisha Limited after the deadline for submission of Bids shall be declared late, rejected, and returned unopened to the Bidder
22. Withdrawal, 22.1 No Bid shall be withdrawn, substituted, or modified after the deadline for Substitution and submission of bids.
Modification of
Bids However, a Bidder may withdraw, substitute, or modify its Bid
under the following situation;
1. After expiry of the bid validity period as per ITB. 2. Any material changes to the scope of work after submission of bid document.
3. Any material changes in the bidding documents after submission of bid document.
4. If the due date of the submission has been extended by the
WESCO after submission of bid document
Such withdrawal, substitution, or modification shall be submitted by the bidder by sending a written letter, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB Sub-Clause-18.2. The corresponding substitution or modification or withdrawal of the bid must accompany the respective written notice. All Notices must be:
a) submitted in accordance with ITB Clauses -18 and 19 and in addition, the respective inner and outer envelopes shall be clearly marked “Withdrawal,” “Substitution,” “Modification”; and,
b) received by Western Electricity Supply Company of Odisha
Ltd. to the deadline prescribed for submission of bid.
23. Bid opening 23.1 Western Electricity Supply Company of Odisha Ltd. shall conduct the opening of Techno-Commercial Proposals in the presence of Bidders‟ authorized representatives who choose to attend, at the
address, date and time specified in the BDS.
23.2 The Price Proposals will remain unopened and will be held in custody of Western Electricity Supply Company of Odisha Ltd. till time of opening of the Price Proposals.
Western Electricity Supply Company of Odisha Limited shall advise the Techno-Commercially qualified bidders in writing about the date time, and location of the opening of Price Proposals.
23.3 First, envelopes marked “WITHDRAWAL” shall be opened, read out and recorded, and the envelope containing the corresponding Bid shall not be opened, but returned to the Bidder. No Bid shall be withdrawn unless the corresponding Withdrawal Notice contains a valid
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authorization to request the withdrawal and is read out and
recorded at bid opening. 23.4 Next, outer envelopes marked “SUBSTITUTION” shall be opened.
The inner envelopes containing the Substitution Techno-Commercial
Proposal or Substitution Price Proposal shall be exchanged for the
corresponding envelopes being substituted, which are to be returned to the Bidder unopened. The Substitution Techno-Commercial Proposal,
if any, shall be opened, read out, and recorded. The Substitution Price
Proposal, if any, will remain unopened in accordance with ITB Sub-
Clause-23.2. No envelope shall be substituted unless the
corresponding Substitution Notice contains a valid authorization to
request the substitution and is read out and recorded at bid opening. 23.5 Next, outer envelopes marked “MODIFICATION” shall be opened. No
Techno-Commercial Proposal or Price Proposal shall be modified unless
the corresponding Modification Notice contains a valid authorization to
request the modification and is read out and recorded at the opening of
Techno-Commercial Proposals. The Techno-Commercial Proposals,
both Original as well as Modification, are to be opened, read out, and
recorded at the time of opening. The Price Proposals, both Original as
well as Modification, will remain unopened in accordance with ITB Sub-Clause 23.2.
23.6 All other envelopes holding the Techno-Commercial proposals of
the bidder shall be opened one at a time, and the following read
out and recorded:
a) the name of the Bidder; b) whether there is a modification or substitution; c) the presence of a Bid Security and proof of purchase of bid
document; d) any other details as Western Electricity Supply Company of
Odisha Limited may consider appropriate. e) Only Techno-Commercial Proposals of those bidders read out
and recorded at bid opening shall be considered for evaluation.
f) No Bid shall be rejected at the opening of Techno-Commercial
Proposals except for late bids or bid not accompanied with bid
security in accordance with ITB Sub-Clause-21.1 and Clause-17. 23.7 Western Electricity Supply Company of Odisha Limited shall
prepare a record of the opening of Techno-Commercial Proposals that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, modification; and the presence or absence of a Bid Security& Cost of the Bid Document. The Bidders‟ representatives who are present shall be requested to sign the record. The omission of a Bidders signature on the record shall not invalidate the contents of the record.
23.8 The date, time, and location of the opening of Price Proposals will be
intimated to respective Techno-Commercially qualified bidders in
writing by Western Electricity Supply Company of Odisha Limited.
Bidders shall be given reasonable notice of the opening of Price
Proposals. 23.9 Western Electricity Supply Company of Odisha Limited shall
conduct the opening of Price Proposals of all Techno-Commercially
qualified bidders who submitted Price Proposals, in the presence of
Bidders` representatives who choose to attend at the address, date
and time specified by WESCO Limited. The Bidder‟s representatives
who are present shall be
Page 11
requested to sing a register/note-sheet evidencing their attendance.
23.10 All Price Proposals shall be opened one at a time, and the
following read out and recorded: a) the name of the Bidder; b) whether there is a modification or substitution; c) the bid prices; d) any other details as Western Electricity Supply of Odisha
Limited may consider appropriate.
Only Price Proposals read out and recorded at bid opening shall
be considered for evaluation.
23.11 Western Electricity Supply Company of Odisha Limited shall
prepare a record of the opening of Price Proposals that shall include, as a minimum, the name of the Bidder and the Bid Price.
The Bidders‟ representatives who are present shall be requested
to sign the record. The omission of a Bidders signature on the record shall not invalidate the contents and effect of the record.
E. Evaluation and Comparison of Bids
24. Confidentiality 24.1 Information relating to the examination, evaluation, comparison, and post qualification of Bids, and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned
with such process.
24.2 Any attempt by a Bidder to influence Western Electricity Supply
Company of Odisha Limited in the examination, evaluation,
comparison, and post qualification of the Bids or Contract award
decisions may result in the rejection of its Bid.
24.3 Notwithstanding ITB Sub-Clause -24.2, from the time of opening the Techno-Commercial Proposals to the time of Contract award, if any Bidder wishes to contact Western Electricity Supply Company of
Odisha Limited any matter related to the bidding process, it should do so in writing.
25. Clarification of 25.1 To assist in the examination, evaluation, comparison and post- Bids qualification of the Bids, Western Electricity Supply Company of
Odisha Limited may, at its discretion, ask any Bidder for a clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a request by Western Electricity Supply Company
of Odisha Limited shall not be considered. Western Electricity Supply Limited‟s request for clarification and the response shall be in writing
26. Responsiveness of 26.1 Western Electricity Supply Company of Odisha Limited‟s determination of the responsiveness of a Techno-Commercial
Techno- Proposal is to be based on the contents of the Techno-Commercial Commercial Proposal itself.
Proposals 26.2 A substantially responsive Techno-Commercial Proposal is one that
conforms to all the terms, conditions, and specifications of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that: a) affects in any substantial way the scope, quality, or
performance of the Services specified in the Contract; or b) limits or is inconsistent in any substantial way, with the Bidding
Document, Western Electricity Supply Company of Odisha Limited‟s rights or the Bidder‟s obligations under the Contract; or
c) if not rectified would unfairly affect the competitive position of
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other Bidders presenting substantially responsive Techno-
Commercial Proposals
26.3 If a Techno-Commercial Proposal is not substantially responsive to the
Bidding Document, it shall be rejected by Western Electricity Supply Company of Odisha Limited and shall not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.
26.4 The bidders may submit bid with Non-material deviations (which means only those deviations that do not qualify as material deviations as defined in Clause-26.2). Such deviations will be checked and considered. If the deviations proposed are found material in nature, Western
Electricity Supply Company of Odisha Limited reserves the right to reject such bids. Western Electricity Supply Company of Odisha Limited may also ask bidders for clarifications on such deviations during the evaluation.
27. Non-conformities, 27.1 Provided that a Techno-Commercial Proposal is substantially responsive,
errors and
Western Electricity Supply Company of Odisha Limited may waive any non- conformity or omission in the Bid that does not constitute a material deviation.
27.2 Provided that a Techno-Commercial Proposal is substantially responsive,
Western Electricity Supply Company of Odisha Limited may request that the Bidder submit the necessary information or documentation
within a reasonable period of time, to rectify nonmaterial, Nonconformities or Omissions in the Techno-Commercial Proposal
related to documentation requirements. Failure of the Bidder to comply with the request may result in the rejection of its Bid.
27.3 Provided that the Techno-Commercial Proposal is substantially responsive, Western Electricity Supply Company of Odisha Limited
will correct arithmetical errors during evaluation of Price Proposals on the following
basis:
a) if there is a discrepancy between words and figures, the amount in words shall prevail. However, where the amount expressed in words is related to an arithmetic error, the amount in figures shall prevail.
b) Except as provided in sub-clauses (a) herein above, WESCO Limited shall reject the Price Proposal if the same contains any other computational or arithmetic discrepancy
or error.
27.4 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be disqualified and its Bid Security shall
be forfeited.
28. Preliminary 28.1 Western Electricity Supply Company of Odisha Limited shall examine the Techno-Commercial Proposal to confirm that all documents and Techno- Commercial documentation requested in ITB Sub-Clause 10.3 have been provided, and to determine the completeness of each document submitted.
Examination of
Bids
28.2 Western Electricity Supply Company of Odisha Limited shall confirm that the Techno-Commercial Proposal Submission Sheet in accordance with ITB Sub- Clause-11.1, written confirmation of authorization to commit the Bidder and Bid Security, have been provided in the Techno-Commercial Proposal. If any of these documents or information is missing, the offer shall be rejected.
29. Examination of 29.1 Western Electricity Supply Company of Odisha Limited shall examine
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Terms and conditions; Techno- Commercial Evaluation.
the Bids to confirm that all terms and conditions specified in the GCC have been accepted by the Bidder without any material deviation or reservation.
29.2 Western Electricity Supply Company of Odisha Limited shall
evaluate the Techno-Commercial aspects of the Bid submitted to confirm that all requirements specified in the Qualifying requirement at Section-IV, of the Bidding Document have been met without any material deviation or reservation.
29.3 If, after the examination of the terms and conditions and the Techno- Commercial evaluation, Western Electricity Supply Company of
Odisha Limited determines that the Techno-Commercial Proposal is not substantially responsive in accordance with ITB Clause-26, it shall reject the Bid.
30. Evaluation of Bids 30.1 WESCO shall evaluate Price Proposals of those Bids for which the Techno-Commercial Proposals have been determined to be substantially
responsive.
30.2 To evaluate a Price Proposal, Western Electricity Supply Company of Odisha Limited shall use all the criteria defined in Section-IV (Eligibility Criteria) and methodologies defined in Section-VI (Bid evaluation methodology).No other criteria or methodology shall be adopted
30.3 To evaluate a Price Proposal, Western Electricity Supply Company of Odisha Limited shall consider the following:
a.) The rate quoted for the assignment in Price Proposal in Form-P-2 including taxes and duties, overheads, out of pocket expenses, travel, boarding, lodging, visits and discount etc. except service tax.
a) Service Tax shall not be considered for the purpose of evaluation.
31. Comparison of Bids 31.1 Western Electricity Supply Company of Odisha Limited shall compare all substantially responsive bids to determine the highest ranked bid, in accordance with Section-VI (Bid evaluation methodology).
32. Clarification before 32.1 The comparison shall be based upon an examination of the Comparison of Bids documentary evidence of the Bidder‟s qualifications submitted by the Bidder, and for validation of the qualification, clarifications, if any, shall
be sought for prior to the comparison of bids.
33. Western Electricity Supply Company of Odisha Limited‟s Right to Accept Any Bid, and to Reject Any or All Bids
33.1
Western Electricity Supply Company of Odisha Limited reserves the right to accept or reject any Bid, and to annul the bidding process and reject all Bids at any time prior to Contract award, without assigning any reason and without incurring any liability.
b.) Award of Contract
34. Award Criteria 34.1 Western Electricity Supply Company of Odisha Limited shall award the Contract to the Bidder whose offer has been determined to be the highest ranked evaluated Bid and is substantially responsive to the Bidding Document, provided that such Bidder continues to remain qualified to perform the Contract satisfactorily.
34.2 A Bid shall be rejected if the qualification criteria as specified in Section- IV and Evaluation Criteria in Section-VI are no longer met by the Bidder whose offer has been determined to be the highest ranked evaluated Bid. In this event Western Electricity Supply Company
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Of Odisha Limited shall proceed to the next highest ranked evaluated Bid to make a similar reassessment of that Bidder‟s capabilities to perform satisfactorily.
35. Western Electricity Supply Company of Odisha Limited‟s Right to change the deliverables defined under scope of Work
35.1 During the execution of contract, Western Electricity Supply Company of Odisha Limited reserves the right to modify the scope and deliverables in lieu of the scope of work & deliverables defined under the RfP/ LOA. However, for any modification or addition of new scope, which is beyond the original scope, the same shall be decided mutually.
36. Notification of 36.1 Prior to the expiration of the period of bid validity, Western
Electricity Supply Company of Odisha shall issue Letter of Award (LOA) to the successful Bidder, in writing, that its Bid has been accepted.
Award
36.2 Until a formal Contract is prepared and executed, the Letter of Award shall constitute a binding Contract.
36.3 Within 05 days of LOA, the Consultant Firm/ Agency shall sign, date,
and return the LOA copy to the Western Electricity Supply Company of Odisha Limited as acknowledgement.
37. Signing of the 37.1 Within 07 days from the date of issue of LOA, the successful Consultant firm/ Agency shall sign the contract Agreement with Western
Electricity Supply Company of Odisha Limited in non-judicial stamp
paper and send it to Western Electricity Supply Company of Odisha
Limited.
Contract
37.2 Failure to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event Western Electricity Supply Company of Odisha Limited may award the Contract to the next highest ranked evaluated Bidder at the price quoted by the highest ranked evaluated bidder, whose offer is substantially responsive and is determined by Western Electricity Supply Company of Odisha Limited to be qualified to perform the Contract satisfactorily at the discretion of WESCO authority.
38. Contract 38.1 Within 30 days of the issue of Letter of Award from Western Electricity Supply Company of Odisha Limited, the successful Bidder shall furnish the Contract Performance Bank Guarantee in accordance with the GCC, using the Contract Performance Bank Guarantee Form enclosed in Section-IX(Contract Forms).
Performance Bank
Guarantee
38.2 Failure of the successful Bidder to submit the above-mentioned Contract Performance Bank Guarantee shall constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event Western Electricity Supply Company of Odisha Limited may award the Contract to the next highest ranked evaluated Bidder at their quoted price, whose offer is substantially responsive and is determined by Western Electricity Supply Company of Odisha Limited to be qualified to perform the Contract satisfactorily.
39. Working 39.1 It will be imperative on each bidder to fully inform himself of all local working environments which may have any effect on the execution of the works covered under these documents and specifications. Western Electricity Supply Company of Odisha Limited shall not entertain any request for clarifications from the bidders, regarding such working environment. It must be understood and agreed that such factors have properly been investigated and considered while submitting the proposals. Neither any change in the time schedule of the contract nor
Environment
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any financial adjustments arising thereof shall be permitted by
Western Electricity Company of Odisha Limited.
40. Disclaimer 40.1 This Request For Proposal (RfP) has been prepared by WESCO
Limited for Engagement of Consulting Firm to provide recruitment service for written test(OMR) and for CBT for Recruitment/ Selection Purposes
Though adequate care has been taken while preparing the RfP documents, the Bidder shall satisfy himself that document is complete in all respects. Intimation of any discrepancy shall be given to this office immediately. If no intimation is received from any Bidder within ten (10) days from the date of issue of Bid documents, it shall be considered that the Bid document is complete in all respects and has been received by the
Bidder in complete shape.
While this RfP has been prepared in good faith, WESCO Limited does not make any representation or warranty, express or implied, or accept any responsibility or liability, whatsoever, in respect of any statements or omission herein, or the accuracy, completeness or reliability of information, and shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or completeness of this RfP, even if any loss or damage is caused by any act or omission on their part.
All information submitted in response to RfP become the property of WESCO Limited and WESCO does not accept any responsibility for maintaining the confidentiality of the material submitted or any trade secrets or proprietary data contained therein.
In submitting a proposal in response to the RfP, each bidder certifies that
it understands, accepts and agrees to the disclaimers on this page.
Nothing contained in any other provision of the RfP nor any statements
made orally or in writing by any person or party shall have the effect of
negating or superseding of the disclaimers set forth on this page.
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Section III Bid Data Sheet
01 RFP Identification No: - ________________________
02 NIT No.: __________ Dated ____
3 Purpose: “Engagement of Consulting Firm to Provide package based Online Recruitment/
Selection services” as per Scope of Work at Section-V. 4 Address of the Owner:
Mr. Ramesh Prasad Pati, DGM(HRD), WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED , Corporate Office: Burla-768017 / Details add.
Dist: Sambalpur, Odisha, Phone:(0663)2431297 , facsimile:(0663) 2432115 05. Sale of Bid Document:
From : 25.08.2014 from 11:00 AM To: 06.09.2014 up to 5:00 PM
6. Date, Time & Venue of the Pre-Bid Conference:
Date: 03.09.2014
Time: 11:30 AM Venue: CONFERENCE HALL, MSTC,
WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED , Corporate Office: Burla-768017 / Details add. Dist: Sambalpur, Odisha, Phone:(0663)2431297 , facsimile:(0663) 2432115
7. Last date & Time of Submission of the
Bid: Date: 08.09.2014 up to 1.00 PM 8. Due date , Time & Place of opening of the Techno commercial Bid:
Date: 11.09.2014 Time: 3:00 PM.
Place: CONFERENCE HALL, MSTC, WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED , Corporate Office: Burla-768017 / Details add. Dist: Sambalpur, Odisha, Phone:(0663)2431297 , facsimile:(0663) 2432115
. 09. Cost of the Bid Document:
Rs.1000/- (Rupees One Thousand) Only Plus Vat @5% to be submitted in shape of Demand Draft
issued in favour of WESCO Limited, payable at Sambalpur Or in the form of cash deposited at
WESCO, Corporate Office ,Burla.
Note: Bidders are required to submit the DD or Money Receipt along with the Techno-
Commercial Bid. 10. Bid Security(EMD): Bid Security (EMD) in form of Demand Draft for an amount of Rs.50000/-
(Rupees Fifty Thousand) only in favour of WESTERN ELECTRICITY SUPPLY COMPANY OF
ODISHA LIMITED payable at Sambalpur only issued by a Schedule Bank. 11. Period of Contract: 1 year from the date of LOA. However, the said contract may be renewed
thereafter on the basis of performance of the bidder which includes maintaining of the time
schedule, secrecy, accuracy, co-ordination, cost saving approach to the WESCO, etc. 12. Bidding Methodology& Evaluation: Single Stage Two Part Basis. QCBS Methodology:
(50:50) Techno-Commercial Proposal 50% and Price Proposal-50%. 13. Techno-commercial Proposal: To be submitted as per the format prescribed in Section-VIII
along with the supporting documents.
14. Price Proposal: To be submitted as per the format prescribed in Section-VIII (Form: P-1 & From-P-2).
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15. Price Validity: The bids should remain valid for 1 year from the last date of
submission of the bids. 16. Price Basis: The firm price quoted should be in the Price schedule format enclosed in Form P-2.
Consultancy Fee shall be inclusive of all expenses, overheads, taxes & duties but exclusive of
Service Tax. However, service tax shall be reimbursed on submission of documentary evidence
and TDS as applicable shall be deducted from the Invoice while releasing the Payment.
17. Contract Performance Bank Guarantee (CPBG): The successful Bidder shall furnish the CPBG
for Rs. 2 Lakhs (Rupees Two Lakhs) only within 30 days of the issue of LOA in accordance
with the GCC and in the prescribed format enclosed in Section-IX (Contract Forms). 18. Signing of the Contract Agreement: The successful bidder shall sign the Contract
Agreement within 07 days from the date of issue of LOA.
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Section-IV
Eligibility Criteria
The eligibility criteria for a consulting firm to bid for this tender are as follows:
1 Eligible 1.1 The Consultant Firm/ Agency, who meets the following qualifying requirement,
. Bidders shall be eligible for this tender;
i. The bidder shall be a reputed Indian Company/ firm registered in India and shall be in operation for at least 02 years
from the date of its incorporation.
ii. The bidder must have successfully handled and completed end to
end Online recruitment/selection process for Departments of Central Government, State Government/ PSUs/ Public Sector Banks/ Academic Institution / Semi-Govt. Organisation during last 2 (two) Financial Years ending 31.03.2014. The consultant firm/ agency should submit the details of such assignments undertaken as per the format specified in FORM(F-3)
iii. The bidder must have its own developed software which can be
customized as per the requirements of WESCO.
iv. Average annual turnover for last two years i.e. 2012-2013 and 2013-2014 from the business of conducting end to end
recruitment / selection process should not be less than Rs.50 Lakhs.
v. The bidder or any of its director/s or partner/s should neither be
convicted by any court of law nor any criminal case be pending against such concern before court of law. The bidder shall never have been blacklisted / barred / disqualified by any Government concern / regulator / statutory body. An undertaking to this effect should be furnished in the Proforma as indicated
in FORM(F-7)
vi. The bidders shall possess the registration/ certificate/ license/permit as required under relevant statutes viz: PAN,
Service Tax, PF, ESIC, TIN, TAN, etc as applicable to them
vii. The bidder shall submit Audited Annual Accounts for last three financial years and the certified copy of the Average Annual Turnover relating to consultancy business of conducting end to end
recruitment / selection process based on the Audited Accounts duly certified by the Charted Accountant in FORM(F-4). Besides, the bidder shall submit the Bio-Data of Key Personnel in FORM (F-2).
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Section-V
1. Scope of Work: The scope of work of the consultant/ agency broadly covers assisting in designing R e c r u i t m e n t
Advertisement, developing and customizing of online applications system, hiring & maintenance of online server, arrangement for downloading of filled application form with computer generated registration number, sending SMS to the candidates regarding date & venue for Test etc. as per
recruitment, arrangement for downloading call letters for test , consolidation of application data /
exam fee, roll number generation, deputing officials and co-coordinators to the venues decided for
test, preparing developing and finalizing of result of written test.
Package A: Conduct of MCQ written test best on OMR(ptical Magnetic Reading) answer
sheet / providing on site scanner required for scanning of OMR answer sheet towards evaluation
answer and declaration of result.
Package B: Alternatively bidder may also consider CBT (Computer Based Test) for
requirement of the desired category may also coated price as well as submit techno commercial
presentation accordingly in both manner separately viz one for test through OMR another for test
through CBT. The scope described above is indicative in nature. However, the consultant has to provide the key
deliverables and support services necessary for fulfilling the very objective of the assignment.
Broadly the assignment covers:
Package A: Development Web based on line Exam Mgt System
Simultaneous publication of detail advertisement in website.
Filling of blank application by candidates online.
Generation of Candidate ID and User login ID.
Uploading of scanned Documents (Age proof/ Educational qualification/Demand draft /Photograph/Signature etc.)
Submission of online form and printout.
Hosting of detail information about the recruitment practice, process, instructions for filling of online application form, uploading of documents, exam procedure (OMR).
Uploading Admit card in respect of each candidate through user login ID .
Designing and providing OMR sheets for conduct of multiple choices based written test.
Hosting & server Space
Clouds server space for handling the online recruitment job in the above format for about 5000 candidates, varies in capacity (from 35 GB to 150GB).
. OMR Scanner Machine and Software
Scanning of OMR answer sheet, declaration of mark scored by each candidate in the Website.
SMS Alert
SMS alert for conduct of written test at designated centers Annual maintenance
Annual maintenance Charges. Package B: For Computer Based Test (CBT)
The Scope of Work broadly covers assisting in designing R e c r u i t m e n t Advertisement, developing and customizing of online applications system, hiring & maintenance of online server, arrangement for downloading of filled application form with computer generated registration number, sending e-mail and SMS to the candidates regarding date & venue for Online Test etc, arrangement for downloading call letters for online test , consolidation of application data / exam fee, roll number generation, venue booking, setting of question papers, deputing officials and co-coordinators to the venues decided for test, preparing, developing and finalizing of result of written test.
N.B.: Bid needs to be prepared in accordance with the scope of work as under Package-A and package- B as above, separately in each cases.
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Detail Scope of Work: 1. ASSISTING & DESIGNING ADVERTISEMENTS:
WESCO shall publish short recruitment advertisements in the name of
WESCO in English and / or Odia Newspapers. The cost of advertisement
shall be borne by the WESCO. The detail advertisement shall be placed
by WESCO on its official web site after selection of the eligible bidder.
The bidder shall give suggestions while preparing detailed advertisement
to be placed on WESCO‟s website in response to which the candidates
need to apply on line.
2. ON LINE APPLICATION SYSTEM:
i. The bidder shall host application software on a suitable Server System
and provide the URL link on WESCO’s official web site for applying on
line.
ii. The bidder shall hire the secured server services for data collection, hosting
etc. along with requisite software licenses for the recruitment assignment.
iii. Online hosting/display of recruitment advertisement, instruction, and
other information related to examination, from time to time. iv. The bidder shall design, develop, customize a n d h o s t the format of
On line application as per the need of the WESCO from time to time for
Online recruitment process. v. Online registration with facilities to upload scanned soft objects
viz.photograph, thumb impression and signature in the application form
and uploading of scanned copies of documents (such as proof of DOB/
Education certificates and mark sheets etc. as applicable to each
candidates) . Candidates Validation and screening at the time of
registration, as per rules and requirement specified.
vi. Off-line fee collection through Bank Challan of SBI, Sambalpur Branch.
(Challan form should be downloaded)
vi. The bidder shall provide user Id and Password to the authorised
representative of WESCO to access the applications on line.
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vii. On successful submission of online application by the candidate, a
unique registration number and password of the candidate is
required to be auto generated by the portal. The registration
number will be the key number for candidates for any type of future
correspondence/queries.
viii. It shall be the responsibility of the bidder to provide helpline number and/
or e-mail ID for resolving the queries / difficulties occurring while applying online. Bidder shall resolve all user on daily basis within 24 hours at maximum.
Application format shall generally contain following fields to capture
all information of candidate.( Mandatory and Optional Fields to be
clearly indicated)
A. Personal Information: a. Name of the candidate: Surname, First Name & Middle Name b. Father‟s & Mother‟s full name: c. Date of Birth: dd-mm-yyyy format in drop down box form
d. Self-generated age as on t h e particular date (as specified in the
advertisement) in dd/mm/yyyy format. e. Mailing Address: It should contain 3-4 rows of boxes for typing mailing address. In
addition separate compulsory box shall be provided for pin code. f. State of domicile – with drop down box form g. Valid E-mail address to be provided compulsorily. h. Contact Mobile phone for sending SMSs. i. Additional Telephone number (alongwith STD code) (Optional) j. Gender – Male/ Female – drop down box form. k. Marital Status – drop down box form.
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A separate format for the employees engaged through outsourcing agency under
WESCO is required to be designed (the matter will be discussed later on ).
B. Educational Qualifications
For filling up of requisite qualifications, a table shall be provided. Each table shall
contain qualification, Subjects/ specialization, Period (from-to), year of passing,
College/ Institute/ University, percentage of marks etc. At least 5 rows to be provided
for qualifications with provision to add further if required by the candidate.
C. General Information:
i. The on line application system shall be closed automatically on last date and
time mentioned in the advertisement.
ii. The system shall take care of age, qualification & payment of fee for
compliance with Rules on the cut-off date. The system shall also take care of
the relaxation of age, as the case may be as provided to outsourced
candidates. The details of criteria of relaxation shall be provided by WESCO
as regard outsourced candidates.
iii. Mandatory fields: The application format shall contain some mandatory fields which a
candidate is required to fill in. Unless these mandatory fields are filled by an
applicant, he / she will not be allowed to proceed further and submit the online
application/registration. Wherever, the system requires filling up of these mandatory fields or filling up
of data in particular format, i.e., numeric/ alphabetical/ restriction on use of
special characters etc., the system will guide the candidates through popup
windows by giving appropriate instructions.
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3. Scrutiny, Validation and Communication:
i. The selected bidder shall host the WESCO‟s business application solution and data on
a secured Data Center. The bidder shall furnish valid certifications to that extent for
verification as on the last date of submission of the bid such that it covers the contract
period. WESCO shall have right to get the Bidder‟s Data Center audited by
independent reputed third party for its security, data integrity and audit trail,
confidentiality, integrity, authentication, availability, authorization and non-repudiation
related features (software security test), including provisions of CERT (Indian
Computer Emergency Response Team). The bidder shall make any changes to
satisfactorily meet any observations / flaws that may arise from any such test / audit.
The Bidder shall restrict system and data access to its designated personnel and /
or WESCO officers only.
ii. The bidder shall have to verify and validate through system the receipt of
application fee and registration of the candidate.
iii. Besides this, bidder shall devise solution t o an automated response
through email and SMS to all the candidates about t h e Registration No. and Password required for further recruitment process
immediately on successful registration. The bidder will have to create a unique
email ID for WESCO for this purpose at his server. A copy of the e-mail
messages sent to applicants shall be sent to the unique e-mail ID of WESCO
created for this purpose for record and future reference.
iv. The bidder shall develop a computer based real time MIS system to capture and
monitor the total activities associated with the recruitment process for the use of
WESCO. The reports/views as part of the MIS shall be finalised on mutual consent.
4. Activities related to decide venue for Written Examination:
i. The venue for written Test will be decided by WESCO and the same will
be informed to successful bidder later on.
ii. The successful bidder shall provide list of their Official(s) to WESCO who
will be overall in-charge for conducting test, venue booking. Sufficient staff consisting of invigilator, supervisor, coordinator, panel
member etc., for smooth conduct of Test shall be provided by the bidder
at each venue.
iii. The security of test material and smooth conduct of examination is the
sole responsibility of the bidder.
iv. The WESCO shall depute their officials at each venue / centre to ensure
the test is going on properly. These officials shall have powers to interfere
if there is any irregularity and/or malpractice observed during the process
of conduct of test.
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5. Roll Number generation and Venue allotment:
i. Roll number will be auto generated fo r all successfully registered
candidates after dropping and eliminating duplicate / multiple entries,
wrong and faulty entries. The bidder shall exercise due check, care and
caution to ensure successful registration of candidates, who fulfill the
prescribed eligibility criteria. The bidder shall be solely responsible for
any act of omission and/or commission.
ii. The generation of Roll No. will be in serial order with customized code
suffixed to indicate post, category etc..
iii. The seating arrangement should be done in such a way that, in any case
there should not be close seating of candidates.
iv. After venue allotment, the successful bidder shall send an email
and SMS to all successfully registered candidates informing them the address of Center, Date and time of test/examination and directing them to
download the call letters and information hand out from the WESCO‟s
website.
v. The successful bidder provide link for downloading Call Letters for on line
Test.
vi. The bidder shall have to provide e-mail ID of helpdesk for resolving the
difficulties arising while downloading the call letter.
vii. The successful bidder shall prepare Attendance sheet, Alphabet
wise, city wise, centre wise, Roll No. wise, category wise etc. or in any
other format required by WESCO.
viii. The successful bidder shall also require to prepare other related
reports as per the requirement of WESCO.
6. Preparation of Test Material:
Bidder shall prepare standard test procedure and test material for (OMR ), in
consultation with the WESCO, with a view to conduct the test uniformly in a fair and
transparent manner at all venues. The procedure should be exhaustive and clearly
indicate all possible activities keeping in mind different people and venues. For this
purpose the bidder shall be required to prepare a Test Manual covering standard
procedure, Standard Formats for capturing information etc.
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Test Manual: The Test Manual shall contain guidelines for all team
members of the successful bidder who will be responsible for the execution
of the test. This manual will be used by each team member thoroughly to
align them with the test procedure and follow the guidelines as mentioned in
it conscientiously for efficient administration of the test.
The manual shall cover the roles and responsibilities of various team
members of the bidder who will be involved in conducting test, their duty
chart, disparity report, venue wise candidate count report, etc.
List of candidates: The successful bidder will have to provide alphabetical
list, roll number wise list and room wise list of candidates appearing at each
venue. This list will also require to be displayed prominently at the test venue
by the bidder. Summary of the candidates allocated for each venue in
different discipline/ category and some general information.
Attendance Sheet: The successful bidder will have to prepare
classroom wise attendance sheet of the candidates for all venues. The
Attendance sheet should clearly indicate the roll number, post, name,
caste category, horizontal reservation against each candidate.
7. Designing & Development of OMR Sheet for conduct of multiple choices based Written Test (subject to negotiation):
Subject matter experts will contribute in preparing a question bank. The experts‟
team will decide the numbers of question per section, its difficulty level, and how
many question are to be selected from a particular chapter.
The agency should capture the required details as specified by WESCO.
Setting Question Paper (OMR) for WrittenTest:-
i. The agency/ WESCO shall prepare multiple choice objective type question for written Tests .
ii. Design and development of Question Set with multiple choice
answers (100 nos), so as to judge the computer knowledge (75%), numerical and logical reasoning questions (10%), general knowledge (10%) and English knowledge (5%).
iii. The number of questions in each segment, marking and test duration will be decided in consultation with WESCO.
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Activities for (OMR)Written Test:-
(a) Number of Sets & Sequencing of Questions:
i. Each test will have four sets (A, B, C, D) with same questions but with
changed sequence.
ii. Randomization of questions across all the four sets should be ensured
i.e. each question in each series should be distributed in a unique
manner so that no commonality in position of any question is found
across any series. The process should be 100% accurate and it should
not result in any wrong interpretation of the question.
iii. The questions should be in English Language.
(b) Conduct of Written Test:-
i. Examination Stage Activities(subject to negotiation):-
a) Manual attendance sheet with photo, thumb impression and signature. b) Capturing of Bio-metric data before attempting the Written Test. This data will
utilize to authenticate the candidate at the time of verification/ joining. c) At least 10% Buffer nodes to be available at each center of examination so that a
candidate does not have any loss of time, in case of any problem. d) System generated random seat arrangement such that no two candidate side by
side have same set of paper. e) Randomized question in each set, for each discipline.
f) Record of candidates responses, audit trail etc. in pre-determined way.
g) Examination proctoring( i.e invigilating) by WESCO.
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h) Minimum manpower deployment at each examination centre must be as
per following requirement: Each Exam Centre of capacity of 100+10 buffer should have the minimum following
personnel‟s to be deployed by the agency:
Test Centre Administrator: 1(one) for each
centre Invigilators: 1(one) per Center.
Support Staff: 1 (one) per 100 candidates. Security Guards: 2(two) per 100
students. Peons: 2(two) per 100
students. Above requirement should be increased proportionately on the basis of candidates to that centre.
iii. Post Examination Stage Activities:-
a) Agency will scrutinize the application forms of the candidates who qualify the
Written Test, based on the scanned certificate uploaded during the
registration by the candidate ,WESCO may authorize anyone to check the
system any time. However confidentiality is to be maintained at all levels.
b) Preparing merit list category wise, in descending order.
c) Other list as per requirement of the WESCO.
d) Disclosure of any record/ marks/merit/ status before the declaration of final
result will invite cancellation of the Contract/ Agreement and other
administrative action as deemed fit will be taken against the agency.
b) Preparation of select list –
i. A main merit list shall be drawn based on the inter-se merit. After that
the category wise select list in order of merit is required to be drawn
taking into account vacancies advertised.
viii. In case of equal marks, the list of candidates shall be arranged according to
Date of Birth (age) i.e. person senior in age will be senior. C. After processing the result as stated above, the same may be handed over in
the form of Hard copy and Soft copy in a sealed cover preferably within 7
working days of completion of written Test process completed so as to declare
the result on WESCO website immediately.
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D. The following documents are to be handed over alongwith final select list:
i) Summary Assessment sheets duly signed by the agency.
ii) Applications of the finally selected / merit listed and waiting list
candidates duly linked with the documents / testimonials submitted
by the candidates .
iv) The individual assessment sheet of all the candidates .
v) Separate list showing main select list, waiting list, remaining
candidates list etc duly signed.
vi) All the data in electronic form i.e. C.Ds/ Pen drive etc.
vii) Any information/data requested by WESCO. 8. Data analysis:
Analysis of the data in respect of candidates may be carried out at any stage i.e. at the
time of Written Test, final selection, etc. on various criteria as per the need of WESCO.
9. Legal Dispute
In case of litigation in connection with the selection process and if bidder will
be made a party to it. 10. Preservation of Data, Test Material:
The bidder should arrange for safe storage of all material including Question
Paper as well as proof of sending the email, SMS etc., of all candidates till one
years after the completion of the process therein. Thereafter, bidder should
arrange for secure disposal/ destruction of the same in consultation with
WESCO.
i. All documents related to candidates will have to be arranged by the
bidder in accordance with the posts advertised and shall be packed
properly in the cartons & handed over to WESCO.
ii. All other test reports should also be properly packed in cartons & stored in venue
wise lots at a secure premise till a suitable disposal is ordered by the WESCO.
iii. All the reports, documents shall be electronically (scanned, etc) stored by
the bidder and to be handed over to WESCO in hard and soft copy.
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iv. The Agency shall ensure that records/documents pertaining to the
recruitment process is accessible to WESCO, its representative and its
authorized auditors at the option of WESCO. The Agency shall cooperate
fully in providing the WESCO or its representatives answers to such
enquiries as may be made about the whole process of recruitment. 11. Time Schedule
Every recruitment project / end to end recruitment process shall be completed within a maximum period of 100 days from the issue of Advertisement in
newspapers for which an activity wise time schedule would be prepared and
submitted to WESCO, before commencement of work. 12. Reviews
Reviews shall be held at least once in a week between the WESCO and bidder to
a) Assess progress of each milestone.
d) Check on adherence to timetables
e) Set-up agenda and check list for next week review
13. Role of the WESCO:
a) Checking the Quality of Service (QOS) provided by the bidder.
b) Facilitating the bidder during the course of the project / end to end
recruitment process for providing necessary information and support.
c) WESCO reserves the right to inspect the accounts and records of
the bidder relating to the performance of the contract and to have
them audited by auditors appointed by WESCO.
14. Payment Terms:
Consultancy Fee: Different assignments shall be handled under the contract during the course
of contract period of one year. The consultancy fee for the respective assignment (Number
of eligible candidates X rate per eligible candidate/ or as per the rate per eligible
candidate / or as per the price proposal later agreed to in the LOA) shall be paid
separately as per the payment terms mentioned below. The Consultancy Fee shall be
inclusive of all expenses, overheads, taxes & duties but exclusive of Service Tax.
However, service tax shall be reimbursed on submission of documentary evidence and
TDS as applicable shall be deducted from the Invoice while releasing the Payment.
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Recoverable Mobilization Advance of 10% of consultancy fee calculated tentatively based on number of applications expected carrying simple interest of 10% p.a against submission of Bank Guarantee of equivalent from a scheduled bank in favour of WESCO and en-cashable in any sambalpur branch of issuing bank. The mobilization advance so paid shall be recovered progressively from the subsequent payments. The Bank Guarantee against Mobilization Advance shall remain valid for 1 year initially which shall be extended incase the process of recruitment gets delayed.
i) 20% of the consultancy fee/ as per LOA on successful registration of the candidates, issue & dispatch of Admit Cards by e-mail registered by the candidates (after providing documentary evidence to WESCO).
ii) 30% of consultancy fee on completion of Written Test & publication of Marks(OMR and / or CBT).
iii) 50% of consultancy fee on publication of Final Result. Process of payment will be started only after declaration of result by WESCO and completion of assignment and after receipt of the relevant documents/ reports from bidder.
Note: a. Service Tax shall be reimbursed against submission of documentary evidence. TDS as
applicable shall be deducted from the invoice while releasing the payment. Liquidated damage as applicable shall also be levied as per the clause. In case of any shortcoming in deliverables/ services the payment shall be made proportionately.
b. WESCO will not pay any license fee during the contract period for the usage of developed/ deployed application software, data base software, system software and such other software that may be needed for deployment for smooth conductance of Written Test.
15 .Deliverables:
A tentative schedule of the activities for Written Test for the Post Clerk-B is given below. However, there may be variations in the
schedule.
As under Sec. –V-Scope of work under 1 (A)
Sl.no Activity Time Line Responsibility
1. Initiation of the process and 1st Within One week of Acceptance Agency &
meeting of Work Order WESCO
2. Demo of the Application Software Within one week of First Agency
Meeting
3. Demo of the Final Software Within One Week of 1st
Demo Agency
4. Finalization of Designing the Within Five days of the draft Agency &
Recruitment Advertisement Advertisement submitted by WESCO
WESCO
5. Issue of Advertisement After Approval of the Authority WESCO
6. Call Centre Support From the date of Issue of Agency
advertisement
7. Activation of Software for On line Within 3 days of issue of Agency
Submission of Application Advertisement
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8. Tentative list of Centres with no of ________ WESCO
nodes
9. Auditing and Vetting of test centers _________ Agency &
WESCO
10. Fianlisation of Test Centres ____________ Agency &
WESCO
14. Completion of Designing & Before 15 days of the Test WESCO/ Agency
Development of Question Papers
15. Tentative list of Invigilators, TAs Within 5days of closing of WESCO/ Agency
etc to WESCO Online Application
16. Final list of Invigilators, TAs etc to Within 5days of closing of Agency
WESCO Online Application
17. Final List of Candidates to WESCO Within 10 days of Closing of On Agency
Line Application
18. Issue of On Line Admit Card Within 05 days of Closing of On
Agency
Line Application
19. Custody of exam centers and Before 2 days of the OMR Written
Test Agency &
security arrangements Exam WESCO
20. Review Meeting Before 5 days of the Written Agency &
Exam (OMR) WESCO
21. Written Examination(OMR) Within One Month of Closing of Agency &
the Application WESCO
22. Handing over of raw data to After the end of Exam / OMR
Based preferably within 5 days Agency
WESCO
23. Preparation of Select List Within five days of the Test Agency
24. Handing over of final data and Within 5 days of the written
Agency
other examination related Exam
documents
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A tentative schedule of the activities is given below for CBT for the post GET/DET/MT/Jr. Acct. However, there may be variations
in the schedule.
As under Sec. –V-Scope of work under 1 (B)
Sl.no Activity Time Line Responsibility
1. Initiation of the process and 1st
Within One week of Acceptance Agency &
meeting of Work Order WESCO
2. Demo of the Application Software Within one week of First Agency
Meeting
3. Demo of the Final Software Within One Week of 1st
Demo Agency
4. Finalization of Designing the Within Five days of the draft Agency &
Recruitment Advertisement Advertisement submitted by WESCO
WESCO
5. Issue of Advertisement After Approval of the Authority WESCO
6. Call Centre Support From the date of Issue of Agency
advertisement
7. Activation of Software for On line Within 3 days of issue of Agency
Submission of Application Advertisement
8. Tentative list of Centres with no of Within One week of issue of Agency
nodes Advertisement
9. Auditing and Vetting of test centers Within 15 days from the date of Agency &
Advertisement WESCO
10. Fianlisation of Test Centres Within 20 days from Agency &
Advertisement WESCO
11. Submission of Standard Operating Within 15 days of Advertisement Agency
Manual (SOM) to WESCO
12. Vetting and finalization of SOM Within 20 days of Advertisement Agency &
WESCO
Testing of vetted test centers as per
SOM Within 10 days of finalization of
13. (e.g. testing of examination Agency
SOM
software, server capability, network
security)
14. Completion of Designing & Before 15 days of the Test Agency
Development of Question Papers
15. Tentative list of Invigilators, TAs Within 5days of closing of Agency
etc to WESCO Online Application
16. Final list of Invesilators, TAs etc to Within 5days of closing of Agency
WESCO Online Application
17. Final List of Candidates to WESCO Within 10 days of Closing of On Agency
Line Application
18. Issue of On Line Admit Card Within 15 days of Closing of On
Agency
Line Applicatiojn
19. On Line Mock Test facility for Within 5 days of Issue of Admit Agency
candidates Card
20. Handing over of Observer List to Before 5 days of the Exam WESCO
Agency
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21. Custody of exam centers and Before 2 days of the On Line Agency
security arrangements Exam
22. Review Meeting Before 5 days of the On Line Agency &
Exam WESCO
23. Online Examinations Within One Month of Closing of Agency &
the Application WESCO
24. Handing over of raw data to After the end of every Exam Agency
WESCO
25. Preparation of Select List Within five days of the Test Agency
26. Handing over of final data and Within 5 days of the On Line
Agency
other examination related Exam
documents
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Section-VI: Bid Evaluation Methodology (QCBS methodology)
The evaluation of the Bid shall be carried out based on the QCBS(Quality cum Cost based selection)
Methodology (50:50) in the following steps;
a. The evaluation of eligibility criteria as mentioned at Section-IV. b. The evaluation of Techno-commercial Proposals of eligible bidders at (a.) above. c. The evaluation of price proposal of the techno-commercially qualified bidders at (b.) above. d. For final evaluation, the weight of the Techno-commercial Proposal is set to 50% and Price
Proposal is set to 50%.
The Techno-commercial proposal evaluation criteria of eligible bidders are set out below: Sl. Description Score calculation Max
m
No. Marks
1 (a)Manpower on-roll dedicated and trained (a) Minimum 5 persons – 05 marks
for managing end to end online recruitment / selection process and written exam. & OMR Sheet / CBT.
(persons involved in development
of software at agency‟s office should not be
counted) Note:-Documentary evidence
required.
(b) Self Certificate from authorized (b) Minimum 5 in-house technical 10
signatory of the bidder in respect of at least personnel – 05 marks
10 in house technical personnel to develop
and maintain software and operational data
used to provide online recruitment / selection services
for WESCO.
Self-Certified bio-data of the 20 in-house
technical personnel shall be attached with
the bid.
2 Experience in handling end to end online More than 04 years : 10 marks 10
recruitment / selection process as on 31.03.2014 Between 02 to 04 years : 05 marks
3 Conducted online recruitment / selection process for
at least More than 1000 : 20 marks
Between 501 to 1000 : 10 marks
Between 251 to 500 : 05 marks Between 100 to 250 : 05 marks Below 100 : No marks
20
a) four organization & recruited b) three organization & recruited c) two organization & recruited d) one organization & recruited
4 Time required to complete end to end
process wise PERT chart. Time to be counted from
closing date for registration of application.)
1 months or less : 20 marks 20
More than 1 month less than 2
months: 15 marks
More than 10 months : 5 marks
5 Average Turnover of last 2 Years from the Rs 2 Cr and above. : 15 marks 15
recruitment Test/ Assessment business for Rs 1 Cr and above & less than 2 Cr
services only for Govt. /Central Govt. / : 10 marks
PSU‟s/ Public Sector Bank/ National Rs 50 Lakh and above & less than Rs 1
Institute of repute Cr. : 5 Marks
Note:-Documentary evidence required
6 Copy Right of complete source code of the 05 marks 05
software proposed to be used for
conducting online recruitment / selection for WESCO.
Self-Certificate from authorized signatory
of the Bidder .
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7 For presentation by the bidders before a 20 designated committee on the methodology
and techniques to be adopted by them in
conducting the recruitment process and written Test and Computer Based Test (CBT).
Note: The minimum techno-commercial score is 50 Points for consideration of the Price proposal.
Final evaluations of the Price Proposals are set out as below;
The price proposal with lowest quoted total price (LP) amongst the Price proposals will be
given a financial score of 100 and other Price proposals shall be given financial scores that
are inversely proportional to their quoted total prices (QP). Financial Score of Firm = 100 x (LP/ (QP)
Where, LP = Lowest quoted total Price and QP = Quoted total Price of Firm
The weights given to techno-commercial and Price proposals are 50% and 50% respectively. The total score(S) shall be, S = St x 0.50 + Sf x 0.50.
Where, S = Total Score St = Score on Techno-Commercial Proposal Sf = Score on Price Proposal
Bid with the highest total score(S) shall be considered as highest ranked evaluated bid and
the contract shall be awarded to such bidder at their quoted price.
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SECTION-VII:
GENERAL CONDITIONS OF CONTRACT (GCC)
01. Contract 1.1 Subject to the order of precedence set forth in the Agreement, all documents Documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. Contract document covers, RfP document, bidders offer, letter of award, correspondences between WESCO Ltd. and consultant.
02. Definition 2.1 „WESCO/Owner’ shall mean Western Electricity Supply Company Of Odisha limited, Corporate Office, Burla and shall include its legal representatives, successors and assigns. 2.2 “ASSIGNMENT” shall mean the consultancy assignment for Engagement of Consulting Firm to provide online Recruitment Service to WESCO Ltd. for a period of one year.
2.3 “RfP” i.e. “Request for Proposal” shall mean document consisting of
NIT, ITB, BID Data Sheet, Eligibility Criteria, Scope Of Works, Bid Evaluation Methodology, Bidding Forms and Contract Forms and any amendments there to.
2.4 “Bid” shall mean Techno-Commercial Proposal & Price Proposal in
prescribed FORMS submitted in pursuance to RfP document. 2.5 “Bidder” shall mean the Consulting firm/ Agency participating in the bid
floated by the WESCO Limited for Engagement of Consulting Firm to
provide Online Recruitment/ Selection Services to WESCO Limited over a
period up to one year and shall include his heirs, legal representatives,
successors and permitted assigns.
2.6 “Consulting firm/Consultant/ Agency ” shall mean the person who shall be
selected and appointed through tender process and shall include such
successful Bidder‟s legal representatives, successors and permitted assigns.
2.7 “ LOA” i.e. “Letter of Award” shall mean the official notice issued by WESCO
Limited notifying the Consultant firm that his bid proposal has been accepted
and it shall include amendments thereto, if any, issued by WESCO Limited.
2.8 “Month” shall mean the calendar month and “Day” shall mean the
calendar day. 2.9 “Contract” shall mean the agreement signed by the Authorised
representatives of WESCO Limited and the Selected Consulting firm covering
“the GCC, Scope of Works, Techno-Commercial Bid & Price Bid submitted by
the Bidder, Correspondences and Letter of Award” including amendments
and clarifications thereto, if any, issued by WESCO Limited.
2.10 “Effective Date of the Contract” shall mean the date of issue of
Letter of Award for the consultancy assignment under this contract. 2.11 “Contract Period” One year from the date o f L O A . However, the
said contract shall be reviewed every six month on the basis of performance of the
bidder which includes maintaining of the time schedule, secrecy, accuracy,
co-ordination & co-operation, cost saving approach to the WESCO, etc.
2.12 “Person” shall mean and include firms, companies, corporations and
associations, bodies of individuals, whether incorporated or not. 2.13 “Other Terms & Expression” Terms and expressions not herein
defined shall have the same meaning as are assigned to them in the Indian Contract Act (1872) and failing that in the General Clauses Act (1897) including amendments thereof, if any.
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03. Interpretation 3.1 In this Contract unless a contrary intention is evident: (a) the clause headings are for convenient reference only and do not form part of this Contract. The headings shall not limit, alter or affect the meaning of this Contract; (b) unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses; (c) unless otherwise specified a reference to a clause, sub-clause or section is a reference to a clause, sub-clause or section of this Contract including any amendments or modifications to the same from time to time; (d) a word in the singular includes the plural and a word in the plural includes the singular; (e) a word imparting a gender includes other gender; (f) a reference to legislation includes legislation repealing, replacing or amending that legislation; (g) where a word or phrase is given a particular meaning it includes the appropriate grammatical forms of that word or phrase which have corresponding meanings; (h) in the event of an inconsistency between the terms of this Contract and the Bid document and the proposal, the terms of this contract hereof shall prevail.
04. Entire 4.1 The Contract constitutes the entire agreement between the WESCO Ltd. Agreement and the Consultant/ Agency and supersedes all communications , negotiations and agreements (whether written or oral) of parties
with respect thereto made prior to the date of Contract.
05. Amendment 5.1 No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.
06. Non-waiver 6.1 Subject to GCC Clauses-28 and 29 below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver
of any subsequent or continuing breach of Contract.
Any waiver of a party‟s right, power or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is
being waived.
07. Severability 7.1 If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract.
08. Language 8.1 The Contract as well as all correspondence and documents relating to the Contract exchanged between by the Consultant/ Agency and Western Electricity Supply Company of Odisha Limited shall be written in English. Supporting documents and printed literature that are part of the Contract may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the Contract, this translation shall govern. 8.2 The Consultant shall bear all costs of translation to English and all risks of the accuracy of such translation.
09. Location 9.2 The Services shall be performed in Burla or at such locations required by WESCO Limited.
10. Effectiveness of 10.1 This Contract shall come into force and effect on the date of WESCO‟s Contract Letter of Award of consultancy assignment.
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11. Authorized 11.1 Any action required or permitted to be taken, and any document required or
Representatives permitted to be executed under this Contract, may be taken or executed:
a) on behalf of the WESCO by ………………………………or his
designated representative;
b) on behalf of the Consultant/ Agency by ……………………… or
his designated representative.
12. Relation 12.1 Nothing contained herein shall be construed as establishing a relation of between the master and servant or of principal and agent as between the Western Parties Electricity Supply Company Limited and the Consultant/ Agency. Consultant/ Agency, under this Contract, shall have complete charge of Personnel performing for the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder. 13. Notices 13.1 Any Notice given by one party to the other pursuant to the Contract shall be
in writing to the address specified below at 13.2. The term “in writing” means
communicated in written form with proof of receipt. 13.2 Any such notice, request or consent shall be deemed to have been given or
made when delivered in person to an authorized representative of the Party
to whom the communication is addressed, or when sent by registered post,
email to such Party at the following address or hosted in Website:
a. For the WESCO: ………………………………………
Attention: ……………………………………..
Postal Address:.................................................
........................................................................
Phone………………………
Facsimile:…………………….
Email: …………………………..
b. For the Consultants: ………………………………………………
Attention: ………………………..
Postal Address:.................................................
........................................................................
Phone………………………
Facsimile:…………………….
Email: …………………………..
13.3 Notice will be deemed to be effective, when it is delivered to the other
party in the normal course of delivery through personal delivery or
registered mail, Fax, email or hosted in website.
13.4 A Party may change its address for notice hereunder by giving the
other Party notice of such change pursuant to this Clause. 13.5 All notices and other communications under this contract must be in writing,
and must either be mailed by registered mail with acknowledgement due or
hand delivered with proof of it having been received.
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13.6 If mailed, all notices will be considered as delivered after 7 days, of the
notice having been mailed. If hand delivered, all notices will be considered,
when received by the party to whom the notice is meant and sent for.
14. Governing Law 14.1 The Contract shall be governed by and interpreted in accordance with the
laws of India. The Civil Court in Sambalpur and High Court of Odisha, Cuttack
shall have exclusive jurisdiction with respect of the tendering process, award
of contract and execution of contract.
15. Settlement of 15.1 Western Electricity Supply Company of Odisha Limited and the Consultant shall
Disputes make every effort to resolve the dispute amicably by direct informal
negotiation.
15.2 If the parties fail to resolve such a dispute or difference by mutual
consultation within twenty-eight (28) days from the commencement of such
consultation, either party may require that the dispute be referred to MD,
Western Electricity Supply Company of Odisha Limited who shall be the sole
arbitrator for this purpose. If dispute doesn‟t get resolved by MD, Western
Electricity Supply Company of Odisha Limited, the same shall be governed by the
provisions of arbitration and conciliation Act1996.
16. Commencement 16.1 The Consultant/ Agency, shall begin carrying out the Services immediately
of Services viz. from the date of issue of Letter of Award (the "Starting Date").
17. Delivery 17.1 The Delivery of services relating to implementation of the project shall be in
accordance with the milestones specified in the Section- V, Scope of Work
and acceptance of the services by Western Electricity Supply Company of Odisha
Limited.
17.2 The Consultant, in relation to its deliverables, shall provide supporting data
or information required by Western Electricity Supply Company of Odisha Limited
within the time schedule mentioned vide Section- V of Scope of Work.
18. Consultant/ 18.1 The Consultant/ Agency shall provide the services strictly as per the
Agency„s requirement and within the time frame specified in the Scope of Work as per
Responsibilities Section-V.
18.2 The Consultant/ Agency shall bear all costs involved in the performance of its
responsibilities, for the scope of the work as per the contract.
19. WESCO‟s 19.1 Western Electricity Supply Company of Odisha Limited may provide on
Responsibilities Consultant/ Agency‟s request, particulars / information / or documentation as
available with them that may be required by the Consultant/ Agency for
proper planning and execution of Scope of Work under this contract.
19.2 Western Electricity Supply Company of Odisha Ltd. shall act as the nodal point
for implementation of the contract and for issuing necessary instructions,
approvals, payments etc. to the Consultant/ Agency.
20. Consultancy Fee 20.1 The Consultancy Fee shall be product of Rate per eligible candidates
exclusive of taxes mentioned in the price proposal and number of eligible
candidates.
20.2 The Consultancy Fee charged by the Consultant/ Agency for the service
provided under the Contract shall not vary from the prices quoted by the
Consultant/ Agency in its bid except for number of eligible candidates unless
otherwise agreed between the consultant/ Agency and Western Electricity
Supply Company of Odisha Limited till the completion of the contract.
21. Terms of 21.1 The Consultancy Fee shall be paid on submission of invoice in triplicate and
Payment in the manner specified in the Scope Of Work(Deliverables, Timelines and
Payment Terms) at Section-V. No invoice for extra work will be submitted
by the Consultant/ Agency.
21.2 The Consultant/ Agency‟s request for payment shall be made to Western
Electricity Supply Company of Odisha Limited in writing, accompanied by
invoices describing Services provided, documents evidencing submission and
acceptance of deliverables specified in the Section-V. The Consultant/
Agency shall submit the invoices in triplicate to Western Electricity Supply
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Company of Odisha Limited.
21.3 Payments shall be made promptly by Western Electricity Supply Company
of Odisha Limited not later than thirty (30) days after submission of an
invoice along with supporting documents, subject to Western Electricity
Company of Odisha Limited‟s acceptance. But if the progress is not
satisfactory and according to agreed work program/schedule the payment
may be withheld. 21.4 The final payment under this Clause shall be made only after satisfactory
completion of the activities mentioned in the Scope of Work.
21.5 Payment shall be made by Western Electricity Supply Company of Odisha Limited
as per the price of the Letter of Award. Western Electricity Supply Company
of Odisha Limited may deduct such amounts from the Invoice, which are to
be recovered as per the GCC. 22. Taxes and Duties 22.1 The Consultant/ Agency and the personnel shall pay the taxes, duties; fees,
levies and other impositions levied under the existing, amended or enacted
laws except service tax during life of this contract. 22.2 Payment of taxes/duties shall not be made separately in any case. However,
service tax as applicable claimed by the consultant in their invoice shall be
reimbursed.
22.3 WESCO shall deduct TDS at the appropriate rate as per the existing law.
23. Performance 23.1 The Consultant/ Agency shall submit a Contract Performance Bank
Security Guarantee for the due performance of the Contract from a scheduled bank en-
cashable at Sambalpur Branch of the issuing Bank only for a sum of
Rs.2,00,000(Rupees two lakhs) only . This shall remain valid for a period
of 90 days over and above the contract completion period. The consultant
shall submit the CPBG within 30 days from the date of LOA as per the
format enclosed. 23.2 Western Electricity Supply Company of Odisha Limited shall at its sole discretion
invoke the Performance Security and appropriate the amount secured there
under, in the event that the Consultant/ Agency commits any delay or default
in Services rendered or commits any breach of the terms and conditions of
the Contract. 23.3 The Performance Security shall be denominated in Indian Rupees. In case of
extension of the contract period for any reason, the validity period of CPBG
will be extended accordingly. 23.4 The Performance Security shall be discharged by Western Electricity Supply
Company of Odisha Ltd. and returned to the Consultant/ Agency not later than
thirty (30) days following the date of completion of the Consultant/
Agency‟s performance obligations under the Contract including extension
thereof. 24. Confidential 24.1 The Consultant/ Agency and the personnel of any of them shall not disclose
Information any proprietary or confidential information relating to this contract during the
period of operation of the Contract. 24.2 The obligation of a party under this clause, however, shall not apply to
information that:
(a) now or hereafter enters the public domain through no fault of that party;
(b) can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or indirectly,
from the other party; or
(c) Otherwise lawfully becomes available to that party from a third party that
has no obligation of confidentiality.
25. Subcontracting 25.1 The Consultant / Agency shall not sub-contract, sublet, transfer or assign
the contract or any part thereof to other party. 26. Service Quality 26.1 WESCO may reject any Service rendered or any part thereof that fail to
conform to the specifications. The Consultant/ Agency shall take measures
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necessary to meet the specifications at no cost to WESCO.
27. Liquidated 27.1 Except as provided under GCC Clause-29, if the Consultant/ Agency fails to
Damages perform any or all of the Services within the period specified in the Contract
(as per the scope of work- Section-V Deliverables, Timeliness & payment) ,
Western Electricity Supply Company of Odisha Limited may without prejudice to
all its other remedies under the Contract, deduct from the Contract Price, as
liquidated damages, a sum equivalent to 0.5% of the value of the Services,
delivered beyond stipulated delivery schedule for each week or part thereof
of delay (in deliverables),up to a maximum of 5% of contract price.
28. Change in Laws 28.1 Unless otherwise specified in the Contract, if after the date of the Submission
and Regulations of Bids, any law, regulation, ordinance, order or bylaw having the force of
law is enacted, promulgated, abrogated, or there is any change in the place of
the business that subsequently affects the Delivery Date, then such Delivery
Date shall be correspondingly extended or compressed, to the extent that the
Consultant has thereby been affected in the performance of any of its
obligations under the Contract.
29. Force Majeure 29.1 For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes,
but is not limited to, war, riots, civil disorder, earthquake, fire, explosion,
storm, flood or other adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial
action are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies. 29.2 Force Majeure shall not include:
a) Any event which is caused by the negligence or intentional action of a Party or such Party‟s Sub-consultants or agents or employees, nor
b) Any event which a diligent Party could reasonably have been expected to both (i) take into account at the time of the conclusion of this Contract, and (ii) avoid or overcome in the carrying out of its obligations hereunder.
29.3 The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract in so far as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
29.4 A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party's inability to fulfill its obligations hereunder
with a minimum of delay.
29.5 A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than fourteen (14)
days following the occurrence of such event, providing evidence of the nature
and cause of such event, and shall similarly give notice of the restoration of
normal conditions as soon as possible. 29.6 The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure. 29.7 The decision of the Western Electricity Supply Company of Odisha Limited with
regard to the occurrence, continuation, period or extent of Force Majeure shall be final and binding on the Consultant/ Agency.
29.8 The contract period, pursuant to this Contract, shall be extended for a period equal to the time during which the contract could not be performed as a result of Force Majeure.
29.9 Not later than thirty (30) days after the Consultant/ Agency, as the result of
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an event of Force Majeure, have become unable to perform a material portion
of the Services, the Parties shall consult with each other with a view to
agreeing on appropriate measures to be taken in the circumstances.
30. Extensions of 30.1 If at any time during performance of the Contract, the Consultant/ Agency
Time encounter conditions impeding timely completion of Services as per Section-
V (Scope of Work), the Consultant/ Agency shall promptly notify Western
Electricity Supply Company of Odisha Limited in writing of the delay, it‟s likely
duration, and its cause. As soon as practicable after receipt of the Consultant/
Agency‟s notice, WESCO Limited shall evaluate
and may at its discretion extend the Consultant/ Agency‟
for performance. Agency‟s time
30.2 Except in case of Force Majeure, as provided under GCC Clause-29 or where
the delay in delivery of the services is caused due to any delay or default of
the Western Electricity Supply Company of Odisha Limited, any extension granted
under the clause shall not absolve the Consultant/ Agency from its liability to
pay liquidated damages pursuant to GCC Clause- 27.
31. Suspension 31.1 Western Electricity Supply Company of Odisha Limited may, by written notice of
suspension to the Consultant/ Agency, suspend all payments to the
Consultant/ Agency hereunder if the Consultant/ Agency fail to perform any
of their obligations under this Contract, including the carrying out of the
Services as per schedule, provided that such notice of suspension (i) shall
specify the nature of the failure, and (ii) shall request the Consultant/ Agency
to remedy such failure within a period not exceeding Seven (7) days after
receipt by the Consultant/Agency of such notice of suspension and shall
invoke contract performance guarantee.
32. Termination 32.1 Termination of Contract for Failure to Become Effective;
If this Contract has not become effective within seven (7) days of the date
hereof, either Party may, by not less than two weeks (2) weeks‟ written notice
to the other Party, declare this Contract to be null and void.
32.2 Termination for Default:
(a) The Western Electricity Supply Company of Odisha Limited may,
without prejudice to any other remedy for breach of Contract, by Notice
of default sent to the Consultant/ Agency terminate the Contract in
whole or in part:
i. if the Consultant/ Agency fails to provide acceptable quality of
Services within the period specified in the Contract, or within any
extension thereof granted by the Western Electricity Supply
Company of Odisha Limited as per scope of work(Section V)
ii. if the Consultant/ Agency commits any breach of the Contract and fails to remedy or rectify the same within the period of two weeks (or such longer period as the Western Electricity Supply Company of Odisha Limited in its absolute discretion decide) provided in a notice in this behalf from the Western Electricity Supply Company of Odisha Limited.
iii. If the Consultant/ Agency fail to comply with any final decision
reached as a result of arbitration proceedings pursuant to Clause-
16 of GCC.
iv. If, as the result of Force Majeure, the Consultant/ Agency is unable
to perform a material portion of the Services for a period of not less
than sixty (60) days.
(b) In the event the Western Electricity Supply Company of Odisha Limited
terminates the Contract in whole or in part, pursuant to GCC
Clause30,
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the Western Electricity Supply Company of Odisha Limited may
procure, upon such terms and in such manner as it deems
appropriate, Deliverables or Services similar to those undelivered or
not performed, and the Consultant/ Agency shall be liable to the
Western Electricity Supply Company of Odisha Ltd. for any additional
costs for such similar Services. However, the Consultant/ Agency shall
continue performance of the Contract to the extent not terminated.
32.3 Termination for Insolvency:
Western Electricity Supply Company of Odisha Limited may at any time
terminate the Contract by giving Notice to the Consultant/ Agency if the
Consultant/ Agency becomes bankrupt or otherwise insolvent. In such event, termination will be without compensation to the Consultant/ Agency, provided
that such termination will not prejudice or affect any right of action or remedy
that has accrued or will accrue thereafter to the Western Electricity Supply
Company of Odisha Limited.
32.4 Termination for Convenience:
Western Electricity Supply Company of Odisha Limited, by Notice sent to the
Consultant/ Agency, may terminate the Contract, in whole or in part, at any
time for its convenience. The Notice of termination shall specify that
termination is for the Western Electricity Supply Company of Odisha Limited‟s
convenience, the extent to which performance of the Consultant/ Agency
under the Contract is terminated, and the date upon which such termination becomes effective.
32.5 Upon Termination of the Contract, the Consultant/ Agency shall:
Prepare and present a detailed exit plan within five calendar days of
termination notice receipt to the ………………… or equivalent authority of
Western Electricity Supply Company of Odisha Limited (“Exit Plan”)
32.5 The Consultant and ………………………… or equivalent authority will sign a
completion certificate at the end of successful completion (all points tracked
to closure) of the Exit Plan.
33. Cessation of 33.1 Upon termination of this Contract pursuant to Clause-32.4 hereof, or upon
Rights and expiration of this Contract pursuant to Clause-34 hereof, all rights and
Obligations obligations of the Parties hereunder shall cease, except
a) Such rights and obligations as may have accrued on the date of
termination or expiration,
b) The obligation of confidentiality set forth in Clause-24 hereof,
c) Any right which a Party may have under the Applicable Law.
34. Payment upon 34.1 Upon termination of this Contract pursuant to Clause-32 hereof, WESCO
Termination shall make the following payments to the Consultant/ Agency:
a) Consultancy Fee for Services satisfactorily performed prior to the
effective date of termination; after adjustment of the dues to the
Western Electricity Supply Company of Odisha Limited.
b) Except in the case of termination pursuant failure to perform,
insolvency of the Consultant/ Agency, deliberate false submission
by the Consultant/ Agency or for failure to comply with the final
decision of an arbitration process, reimbursement of any
reasonable cost incident to the prompt and orderly termination of
the Contract.
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35. Assignment 35.1 The Consultant/ Agency shall not assign to any other party, in whole or in
part, their obligations under this Contract.
36. Disclaimer 36.1 WESCO reserves the right to share, with any consultant/ Agency of its choice,
any resultant Proposals, in order to secure expert opinion.
36.2 WESCO reserves the right to accept or reject any proposal deemed to be in its
best interest.
37. Public 37.1 All services/deliverables provided to WESCO by consultant are subject to
Disclosure Country and Odisha public disclosure laws such as RTI etc.
37.2 The Consultant‟s/ Agency‟s Team shall not make or permit to be made a
public announcement or media release about any aspect of this Contract
unless WESCO first gives the Consultant/ Agency its written consent.
38. Adherence to 38.1 Consultant/ Agency shall comply with the provision of all laws including
rules regulations labour laws, rules, regulations and notifications issued there under from time
and restriction to time.
38.2 The Consultant/ Agency shall take all measures necessary or proper to protect
the personnel, work and facilities and shall observe all reasonable rules and
instruction. Consultant‟s Team shall adhere to all security
requirement/regulations of WESCO during the execution of the work. Western
Electricity Supply Company of Odisha Limited‟s employee also shall comply with
its procedures/policy.
38.3 The Consultant/Agency shall report as soon as possible any evidence, which
may indicate or is likely to lead to an abnormal or dangerous situation and
shall take all necessary emergency control steps to avoid such abnormal
situations.
38.4 The Agency shall ensure that all the members of the Agency‟s personnel are
aware that the Officials Secrets Act 1923 apply to them and they should
adhere to same.
39. Fairness and 39.1 The Parties undertake to act in good faith with respect to each other's rights
Good Faith under this Contract and to adopt all reasonable measures to ensure the
realization of the objectives of this Contract.
39.2 Operation of the Contract: The Parties recognize that it is impractical in this
Contract to provide for every contingency which may arise during the life of
the Contract, and the Parties hereby agree that it is their intention that this
Contract shall operate fairly as between them, and without detriment to the
interest of either of them, and that, if during the term of this Contract either
Party believes that this Contract is operating unfairly, the Parties will use
their best efforts to agree on such action as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action
pursuant to this Clause shall give rise to a dispute subject to arbitration in
accordance with Clause-16 hereof.
40. Insurance 40.1 The Consultant shall take and maintain at their own cost, insurance coverage
against the risks of their personnel and properties relating to this assignment.
41. Conflict of 41.1 The Consultant/ Agency shall not engage, and shall cause their Personnel not
Interest to engage, either directly or indirectly, in any business or professional
activities which would conflict with the activities assigned to them under this
Contract.
41.2 If the Consultant/ Agency is found to be involved in a conflict of interest
situation with regard to the present assignment, WESCO may choose to
terminate this contract as per Clause-32 of GCC.
42. Standard of 42.1 The Consultant/ Agency shall perform the Services and carry out their
Performance obligations hereunder with all due diligence, efficiency and economy, in
accordance with generally accepted techniques and practices used with
professional engineering and consulting standards recognized by professional
bodies, and shall observe sound management, and Technical and engineering
Page 45
practices, and employ appropriate advanced technology and safe and
effective equipment, machinery, materials and methods. The Consultant/
Agency shall always act, in respect of any matter relating to this Contract or
to the Services, as faithful advisers to WESCO Ltd.
43. Expiry of 43.1 Unless terminated earlier pursuant to Clause-32 hereof, this Contract shall
Contract terminate when, pursuant to the provisions hereof, the Services have been
completed and the payments of remuneration and reimbursable expenditures
have been made.
44. Conflict among 44.1 Neither consultant/ Agency (including their personnel) nor any of their
assignments affiliates shall be hired for any assignment that, by its nature, may be in
conflict with another assignment of the consultant/ Agency.
45. Professional 45.1 The Consultant/ Agency is expected to carry out its assignment with due
Liability. diligence and in accordance with prevailing standards of the profession.
(a)The Consultant‟s/ Agency‟s liability to the WESCO be limited to total
contract price except for gross negligence or willful misconduct on the part of
the consultant/ agency in which case their liability shall be unlimited to the
extent of damage/loss incurred including that to the third parties. (b) the
consultant‟s/ Agency‟s liability to the WESCO may in no case be limited to
less than the total payments expected to be made under the consultant‟s/
Agency‟s contract, or the proceeds the Consultant is entitled to receive under
its insurance, whichever is higher; and (c) any such limitation may deal only
with the Consultant‟s liability toward the employer and not with the
Consultant‟s/ Agency‟s liability toward third parties.
46. Staff 46.1 During an assignment, if substitution is necessary (because of ill health or
Appointment / because a staff member proves to be unsuitable, or the Staff member is no
Substitution. longer working with the consultant), the Consultant/ Agency shall propose
other staff of at least the same level of qualifications for approval by the
Owner.
46.2 Such appointment/substitution shall be made within a week‟s time failing
which the WESCO shall either hold up the payment or seek other remedies
under the contract.
47. Changes and
47.1 WESCO shall have the right to request Consultant/ Agency in writing to make
additions in
Consultant/ any changes, modifications, deletions and/or additions to Consultant/
Agency‟s scope Agency‟s scope of works. Consultant/ Agency shall review such written
of works requests and if such changes and additions would jeopardize fulfillment of
any of Consultant/ Agency‟s obligations under this contract, Consultant/
Agency will not be obliged to make such changes or withhold any part of the
works pursuant to such changes and/or additions contemplated by WESCO.
Otherwise, Consultant/ Agency will work out the estimate of price and time
adjustment on account of such changes, modifications, deletion and/or
additions sought by WESCO and the same shall be mutually agreed. Unless
Consultant/ Agency receives written authority from WESCO on variation in
prices and time schedule, Consultant/ Agency will not be obliged to proceed
with any such variation in the scope of works.
48. Intellectual 48.1 WESCO shall own and have a right in perpetuity to use all newly created
Property Intellectual Property Rights which have been developed solely during
execution of this Contract, including but not limited to all Source code,
Object code, records, reports, designs, application configurations, data and
written material, products, specifications, reports and other documents which
have been newly created and developed by the Consultant/ Agency solely
during the performance of Services and for the purposes of inter-alia use or
sub-license of such Services under this Contract. The Consultant/ Agency
undertakes to disclose all such Intellectual Property Rights arising in
performance of the Services to WESCO and execute all such
contracts/documents and file all relevant applications, effect transfers and
Page 46
obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of WESCO. To the extent that Intellectual Property Rights are unable by law to so vest, the Consultant/ Agency assigns those Intellectual Property Rights to WESCO
on creation.
48.2 The Consultant/ Agency shall ensure that while it uses any software, hardware, processes, document or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the Consultant/ Agency shall keep WESCO indemnified against all costs, expenses and liabilities what so ever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the Consultant/ Agency or its personnel during the course of performance of the Related Services. In case of any infringement by the Consultant/ Agency, the Consultant/ Agency
shall have sole control of the defense and all related settlement negotiations.
48.3 Subject to sub-clauses 49.1 to 49.2, the Consultant/ Agency shall retain exclusive ownership of all methods, concepts, algorithms, trade secrets, software documentation, other intellectual property or other information belonging to the Consultant/ Agency that existed before the effective date of
the contract.
49. Non- 49.1 For the purpose of this contract, both parties to this contract agree, not to Solicitation of solicit either directly or indirectly with a view to provide or offer Staff employment to, offer to contract with or entice a staff member of the other party to leave without the consent of the other during the term of this
contract and for an additional period of 180 days after termination.
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Section-VIII:
Bidding Forms
FORM F-1:
RfP Submission Sheet (to be submitted on Firm’s letterhead)
From: To:
____________________ ________________
____________________ ________________ Sir,
Sub: Engagement of Consulting Firm To Provide Online Recruitment Service
to WESCO Ltd. RfP Reference No. _________________________ I, ________________, (Bidder) herewith enclose the Techno-Commercial Proposal against the
subject RfP for Engagement of my firm as the Consultant/ Agency in Form F-2 to F-7.
I hereby accept and abide by the scope & terms and conditions of RfP document
unconditionally.
Yours faithfully,
Full name: Address: Telephone: E-mail id:
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FORMF-2:
CVs of Key Personnel ( Section-VI)
The format for submission of CVs is the following: 1. Name: 2. Profession / Present Designation: 3. Years with firm: ________________ Nationality: 4. Area of Specialisation: _____________________ 5. Date of Birth: 6. Proposed Position in Team: 7. Key /Experience suitable to the proposed assignment: (Under this heading give outline of staff members‟ experience including experience with the
post employer(s) , in the area of assigned work in projects of similar nature handled in the past.
Describe degree of responsibility held by staff member on relevant previous assignments and
give dates and locations. 8. Education/Training Programmes: (Under this heading, summaries college/ university and
other specialised education of staff member, giving names of colleges/ institution, academic
session, dates and degrees obtained) 9. Experience: (Under this heading, list of positions held by staff member since graduation,
giving dates, names of employing organisation, title and duration of positions held and location
of assignments. For experience in last ten years also give types of activities performed and
Owner references, where appropriate.
Signature(Concerned employee): ______________
Authorised Signatory: ___________ Full Name: _______________ Address: _____________________ Date: _____________
Note: 1. Certified supporting documents to be enclosed evidencing the above
criteria of such personnel mentioned above.
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FormF-3:
Project Experience
The Bidder‟s relevant past experience should be provided as per the requirements specified
for meeting eligibility criteria under Section-IV and Bid evaluation criteria under Section-VI. Bidder should submit the details of experience of successfully handling end to end on line
recruitment/ selection process as per the form in the table provided below and necessary
supporting documents such as work order/contract / client citation/ confirmation for work done
should be enclosed.
Name of Name of Client Duration of Brief description of work Relevant
Assignment Organisation Assignment (Written Test(OMR)/CBT mode of recruitment) documentary
evidence
From To Details of the Maxm
no Name of
posts for of the cities
enclosed
(Y/N)
which candidates in which
selection/ handled in
Online recruitment
recruitment a day in a conducted
process single
handled exam in a
single shift
Signature: Seal:
Full Name:
Address:__________________________________
Note: The bidders are requested to submit the Project Experience Criteria wise under Section-
IV and Section-VI in the order mentioned in these sections for ease in evaluation.
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Form F-4:
Company’s Financial Information
(to be submitted on Firm’s Letter Head) Kindly provide the following details for the Firm:
1. Name of the Firm: 2. Average Annual Turnover of the firm during last 2 years from India Operations
relating to consultancy business of conducting end to end recruitment process
only based on Audited Accounts (duly certified by a Chartered Accountant)
Financial Year Total Turnover Turnover from conducting Turnover from conducting end
(net of taxes and recruitment process (net of to end online recruitment
process
duties) taxes and duties) from the total
turnover as indicated in Col
No.2 (net of taxes and duties)
1 2 3 4
FY2012-13
FY2013-14 Average Turnover during Last 2 (two) Years…………
Signature of the Chartered Accountant: Seal
Full Name:
Name of the CA Firm:
Address:
Phone No:
E-mail Id:
Note:
Consolidated Audited Annual Reports/Financial Statements for last two financial years
have to be provided as proof for consulting firm‟s turnover.
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Form F-5:
NIL/NO DEVIATION SCHEDULE
Bidder‟s Name & Address To WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED
Corporate Office: Burla-768017, Dist: Sambalpur, Odisha,
Dear Sirs, Sub: NIL/NO Deviation to the Scope of Works , Deliverables, Services and
terms conditions of the RfP. We hereby undertake to provide the consultancy work without any deviation to the
scope of works , deliverables , services and terms and conditions contained in the RfP.
Date: (Signature of the Bidder) Place: ( Printed Name) ……………….
(Designation) …………………..
(Common Seal) …………………
Note: Deviations, if any, should be mentioned giving reference of RfP page number and
clause number . If any deviation is given elsewhere in the bidder‟s proposal, that will not be recognized and shall constitute Nil/No deviation.
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FormF-6:
Acceptance of Important Terms & Conditions
Bidder‟s Name & Address ----------------------- ----------------------------- To, WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED
Corporate Office: Burla-768017, Dist: Sambalpur, Odisha,
.
Sub.:------------------------------------------------------------------------------------------------- With reference to your RfP No.---------------------- dated ---------------------- for “Engagement of Consulting Firm to provide online Recruitment/ Selection Services”, we hereby
confirm that we have read the provisions of the following clauses and further confirm
that notwithstanding anything stated elsewhere to the contrary, the stipulation of these
clauses of RfP are acceptable to us and we have not taken any deviation to these
clauses: a)Terms of Payment: b)Bid Security (EMD): c)Contract Performance Bank Guarantee: d)Liquidated Damages for delay in Completion: e) Deliverables: f) Bid Validity Period: g) Price Basis: We further confirm that any deviation to the above clauses at Sl. No. (a) through (g) found anywhere in our Bid Proposal shall stand unconditionally withdrawn, without any cost implication whatsoever to WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA
LIMITED.
. Date:
Place: (Signature)............................................ (Printed Name).....................................
(Designation)........................................ (Common
Seal)......................................
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FormF-7
AFFIDAVIT
I, --------------------------- S/o --------------------------------------
Proprietor/authorised person of the M/s................................................. having
its Registered Office at ............................... do hereby solemnly affirm and
declare as follows:
2. That the WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED vide Tender No. HRD/__________ had INVITATED PROPOSALS FOR “Engagement of Consulting Firm to provide online Recruitment/ Selection Service” FOR undertaking end to end recruitment processes for Western Electricity Supply Company of Odisha. (WESCO) for selection of candidate in various __________ posts.
3. That in response to the said TENDER as stated in paragraph (2) above,
our firm is submitting its Technical & Financial proposals to the, Western Electricity
Supply Company of Odisha in prescribed forms.
4. It is hereby declared that neither we nor our director(s) or partner(s) has/
have been convicted by any court of law and no criminal case is pending against us
before court of law.
5. It is also hereby declared that, our Agency/Company/Firm ________is having
unblemished past record and has never been blacklisted/barred/disqualified for corrupt & fraudulent practices either indefinitely or for a particular period of
time by any Government concern/Regulator/Statutory Body.
6. That the statements made in paragraphs 1 to 5 of the foregoing Affidavit as above are true to my knowledge and belief and if anything is found contrary, I stand
liable to be prosecuted under appropriate Act/Laws in force. Solemnly affirmed by
the said ............. at ...........on this the ..........day of ..........2014.
Deponent:
Identified by me:
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FORM P-1:
Price Proposal (to be submitted on Firm’s Letterhead) From: To:
Sir,
Engagement of Consulting Firm to Provide Online Recruitment/
Selection Services .
Reference No. _________________________ I (Bidder) herewith enclose Price Proposal against the subject RfP for Engagement of Consulting Firm to provide online Recruitment/ Selection
services to WESCO. I hereby accept and abide by the scope & terms and conditions of RfP document unconditionally. Yours faithfully, Signature: Full Name: Address: Phone No: E-mail Id:
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FormP-2:
Price Proposal
The firm price quoted in the price bid should be inclusive of all taxes (except
Service Tax), duties and levies. The amount should be mentioned in INR both in
figures and in words.
Particulars Rate per eligible candidate
(exclusive of taxes)
In words In Figure
1 2 3
For complete (end to end) Online
recruitment Services in WESCO inclusive of all
charges, overheads, all taxes (except
service tax) , duties & levies
[ As per scope of work and different
stage activities as described in RFP] Note:
a. The quoted Price shall be FIRM and inclusive of all overhead, out of pocket expenses,
travel, boarding, lodging, visits and taxes and duties except Service Tax. b. Price evaluation (QCBS Methodology at section-VI) will be made taking in to account the
total price quoted by the Bidder excluding service tax. c. WESCO will not pay and/or reimburse anything over and above the price quoted except service tax. d. Service tax as applicable shall be reimbursed against documentary evidence. e. Eligible candidates are those to whom admit cards would have been issued by the successful bidder.
Authorized Signatory with Stamp
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Section IX: Contract Forms ANNEXURE– 1 Contract Form
THIS CONTRACT made the ________ day of ________________________, _____, between ______________________________________of _________________________ (hereinafter “WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED ”), of the one part, and ______________________________ of ______________________________ (hereinafter “the Consultant”), of the other part: WHEREAS WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED invited bids for
Services, viz., ______________________________________ ___________________________
and has accepted a Bid by the Consultant for the estimated Contract Value for the sum of
_Rs..______________________________________________ (hereinafter “the Contract Price”). NOW THIS CONTRACT WITNESSETH AS FOLLOWS: 1. In this Contract words and expressions shall have the same meanings as are respectively
assigned to them in the Contract referred to.
2. The following documents (collectively referred to as “Contract Documents”) shall be enclosed herewith and shall be deemed to form and be read and construed as part of this Contract, viz.:
i. ITB (As enclosure –I) ii. Scope of Works.( As enclosure –II) iii. General Conditions of Contract. (As enclosure –III) iv. Accepted Techno- Commercial. (As enclosure –IV) v. Accepted Price Proposal. (As enclosure –V)
vi. Letter Of Award (LOA). (As enclosure –VI) vii. Contract Performance Bank Guarantee. (As enclosure –VII)
In the event of any discrepancy or inconsistency within the Contract documents, then the
documents shall prevail in the reverse order listed above. 3. In consideration of the payments to be made by WESTERN ELECTRICITY SUPPLY COMPANY OF
ODISHA LIMITED to the Consultant as indicated in this Contract, the Consultant hereby covenants
with WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED to provide the Services and to
remedy defects therein in conformity in all respects with the provisions of the Contract. 4. WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED hereby covenants to pay the
Consultant in consideration of the provision of the Services and the remedying of defects therein,
the Contract Price or such other sum as may become payable under the provisions of the
Contract at the times and in the manner prescribed by the Contract. IN WITNESS whereof the parties hereto have caused this Contract to be executed in accordance
with the laws of ________________________ on the day, month and year indicated above. Signed by ______________________________________ (Authorised official of the WESTERN
ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED ) Signed by _________________________________________ (for the Consultant)
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ANNEXURE- 2
Contract Performance Bank Guarantee
(To be executed on non-judicial stamp paper as per Stamp Act)
Date: Contract Name and No. :
To: _____________________________________________________________________ WHEREAS _______________________________________ (hereinafter “the Consultant”) has
undertaken, pursuant to Contract No. ____________ dated _______________, _______ to take up
the assignment Engagement of Consulting Firm to provide Online Recruitment/ Selection Services for
WESTERN ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED (hereinafter “the Contract”). AND WHEREAS it has been stipulated by WESCO in the afore mentioned Contract that the
Consultant shall furnish WESCO with a security ____________________ issued by a reputable
guarantor for the sum specified therein as security for compliance with the Consultant‟s performance
obligations in accordance with the Contract. AND WHEREAS the undersigned _____________________________________________ ______________________, legally domiciled in ________________________________ ____________________________________________, (hereinafter “the Guarantor”), have agreed to
give the consultant a security: THEREFORE WE hereby affirm that we are Guarantors and responsible to WESCO, on behalf of the
Consultant, up to a total of _________________________________________________ and we
undertake to pay WESCO, upon WESCO‟s first written demand declaring the Consultant to be in
default under the Contract, without cavil or argument, any sum or sums within the limits of ____________ as aforesaid, without your needing to prove or to show grounds or reasons for your
demand or the sum specified therein. The guarantee can be presented by WESTERN
ELECTRICITY SUPPLY COMPANY OF ODISHA LIMITED at any of our branches at Sambalpur
who will pay the claim amount to Western Electricity Supply Company Of Odisha Limited
immediately. The Guarantor also agrees that Western Electricity Supply Company Of Odisha Limited at its option
shall be entitled to enforce this Guarantee against the Guarantor as a principal debtor, without
proceeding against the Bidder and notwithstanding any security or other guarantee Western Electricity
Supply Company Of Odisha Limited may have in relation to the Bidder‟s liabilities. Provided that the liability of the Guarantor under this Guarantee shall not exceed the said amount of
Rs. (2,00,000/- / Indian Rupees two lakhs Only) exclusive of interest payable on the amount
demanded in the notice till the date of payment to Western Electricity Supply Company Of Odisha
Limited and interest thereon. Any disputes concerning or under this Guarantee shall be subject to the
jurisdiction of courts located in Civil Court ,Sambalpur. This security is valid until the ___________________ day of __________________, _____.
Name ____________________________________________________________ In the capacity of ___________________________________________________ Signed __________________________________________________________ Duly authorized to sign the security for and on behalf of _______________________
Date __________________________________________________ .
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Notwithstanding anything contained herein above.
Our liability under this Bank Guarantee shall not exceed Rs..2,00,000/- (Rupees
Two Lakhs ) only.
The Bank Guarantee shall be valid up to _____________________ only.
We or our Bank at Sambalpur (Name & Address of the Local Bank) are liable to pay the
guaranteed amount depending on the filing of claim and any part thereof under this Bank
Guarantee only and only if you serve upon us or our local Bank at Sambalpur a written claim
or demand and received by us or by Local Branch at Sambalpur on or before Dt.__________
otherwise bank shall be discharged of all liabilities under this guarantee thereafter.
For_________________________________ ( indicate the name of the Bank )
N.B.: (1) Name of the Consultant: (2) No. & date of the Letter of Award / Contract: (3) Amount of the Bank Guarantee : Rs………………….. (4) Validity period or date up to which the Contract is valid: (5) Signature of the Constituent Authority of the Bank with seal: (6) Name & addresses of the Witnesses with signature: (7) The Bank Guarantee shall be accepted only after getting confirmation from the respective
Bank(s).
In the presence of 1. Name & Address ______________________________
Witness ______________________________
______________________________
2. Name & Address ______________________________
______________________________
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